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Williams-Yulee v. The Florida Bar - Post-Decision SCOTUScast

SCOTUScast 5-14-15 featuring Brian Fitzpatrick and Erik Jaffe

On January 20, 2015, the Supreme Court heard oral argument in Williams-Yulee v. The Florida Bar. This case asks whether Florida’s rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment.

In an opinion delivered by Chief Justice Roberts, the Court held by a vote of 5-4 that Florida's rule does not violate the First Amendment. The judgment of the Supreme Court of Florida was affirmed. Justices Breyer, Sotomayor, and Kagan joined the Chief Justice’s opinion in full and Justice Ginsburg joined all except Part II. Justice Breyer filed a concurring opinion. Justice Ginsburg filed an opinion concurring in part and concurring in the judgment, which Justice Breyer joined as to Part II. Justice Scalia filed a dissenting opinion, which Justice Thomas joined. Justices Kennedy and Alito also filed dissenting opinions. 

To discuss the case, we have Prof. Brian T. Fitzpatrick, a Professor of Law at Vanderbilt University Law School and Erik Jaffe, who is a sole practitioner at Erik S. Jaffe, PC.

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