Colorado Republican Federal Campaign Committee v. Federal Election Commission Page 2

Colorado Republican Federal Campaign Committee v. Federal Election Commission general information

Media for Colorado Republican Federal Campaign Committee v. Federal Election Commission

Audio Transcription for Oral Argument - April 15, 1996 in Colorado Republican Federal Campaign Committee v. Federal Election Commission

Jan W. Baran:

As a de jure matter, yes.

David H. Souter:

Yes.

Well, do you agree with that?

Jan W. Baran:

Well, we concur with the congressional judgment that a de jure coordination is good policy, because it precludes what would otherwise--

David H. Souter:

No, but I just want to know what your position is in the litigation under your facial challenge.

Do you agree with the Government that any expenditure you might make that could be subject to subsection (d) is a coordinated expenditure?

Jan W. Baran:

--As a matter of law, yes.

As a matter of fact, no.

David H. Souter:

Well... I'm not quite sure where I go from there.

Jan W. Baran:

Well, we--

David H. Souter:

If it's a matter of--

[Laughter]

If you agree that it's a matter of law, it is, what's left?

Jan W. Baran:

--Well, we have what everyone seems to acknowledge is a unique relationship with candidates.

It's unlike other--

Sandra Day O'Connor:

Yes, but I thought you took the position here that this wasn't a coordinated expenditure.

It was at a time when there wasn't even a nominee, and it was an independent expression of viewpoint.

Now, I understood from your briefs that was your position.

Have you given that up?

Jan W. Baran:

--We have pointed out in our briefs, Justice O'Connor, that whether... there was no inquiry by the Federal Election Commission as to whether or not this particular expenditure was coordinated.

David H. Souter:

No, but this is the facial challenge.

It doesn't matter.

For purposes of your facial challenge under (d), do you take the position that every expenditure is a... every expenditure that you might make, subject... that could be subject to that as a matter of law is a coordinated expenditure?

Jan W. Baran:

We accept that proposition, Justice Souter.

William H. Rehnquist:

Well, Mr. Baran, you can't just walk in off the street and make a facial challenge to a statute.

You have to show that the statute affects you in some way, certainly.

Jan W. Baran:

Well, I don't believe there's any dispute that my client, the Colorado Republican Party, wishes to and indeed does engage in express advocacy in support of its candidates.

William H. Rehnquist:

But you say even though we find the statute wouldn't apply to the activities that you've been challenged on here, nonetheless you can challenge it facially?

Jan W. Baran:

I believe that the declaratory judgment procedure has afforded parties... allows them to raise a claim that seeks--

William H. Rehnquist:

Yes, but you have to have some sort of standing to challenge a statute even facially.