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candidates is a first amendment fundamental right. it says that i was quoting buckley i m sure or citing buckley to that effect. then the question becomes what level of scrutiny should we apply to that case? buckley suggests it s something less than strict strikeout me in the first amendment context for contributions. that s the instruction that i as lower court judgev in the first amendment context. but this was an equal protection challenge okay, saying it s not just contributions it s the inquality of contributions that s the problem here that this system favors major party candidates over minor party candidates. and normally when we have a fundamental right in call protection analysis we apply strict scrutiny. i was placed in a situation where do you take this little less than strict strikeout me out of the first amendment context and import it into the quality protection context or do you apply the normal strict scrutiny. and i pointed to two wonderful pins by judges in
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