Cases: Randall v. Sorrell: Decisions / Orders

U.S. Supreme Court Decision in Vermont Case

To view the opinions, click here.

Second Circuit Court Denies Petition for an En Banc Rehearing

As a result of the Second Circuit Court of Appeal's refusal to rehear the case en banc, the August 2004 opinion of the court in Landell v. Sorrell, 382 F. 3d 91(2d Cir. 2004) stands. In the August 2004 decision, the Second Circuit held that the Supreme Court in Buckley "did not rule campaign expenditure limits to be per se unconstitutional, but left the door ajar for narrowly tailored spending limits that secure clearly identified and appropriately documented compelling governmental interests."

In applying the narrow tailoring test, the Second Circuit held "that the State has established that the challenged expenditure limits are supported by its compelling interests in safeguarding Vermont's democratic process from (1) the corruptive influence of excessive and unbridled fundraising and (2) the effect that perpetual fundraising has on the time of candidates and elected officials."

Nevertheless, in its August 2004 decision, the Second Circuit remanded the Landell case to the district court "for further fact-finding on an aspect of the narrow tailoring inquiry that was not fully considered by the District Court: the crucial question of whether [the Vermont state law] expenditure limits provision was the 'least restrictive means' of furthering the State's compelling anti-corruption and time-protection interests--or whether there are other less restrictive mechanisms available that might be as effective in satisfying the compelling interests established by Vermont." Landell v. Sorrell, 382 F. 3d 91, 97 (2d Cir. 2004).

Plaintiffs in the lawsuit may now either petition the Supreme Court for review of the Second Circuit's August 2004 decision, or return to the district court for further proceedings consistent with the Second Circuit's remand order.

To read the opinion of the Second Circuit Court, click here.

Second Circuit Court Upholds Campaign Spending Limits in Vermont

On August 7, the U.S. Court of Appeals for the Second Circuit issued a decision in Landell v. Sorrell, upholding Vermont's mandatory state spending limits in campaigns. The Court stated that "those who pay for candidate campaigns are given privileged access while regular citizens are denied such contact" and that "Vermont has a compelling interest in ensuring that, as a democracy, access is not available only -- or mostly -- to the people who are willing and able to pay for it." The Court held that contribution limits do not address "the noxious effects of an unrelenting drive for campaign funds."