Cox Plans Defense Before High Court For Election Law

Archibald Cox '34, Williston Professor of Law and former Watergate Special Prosecutor, will defend the constitutionality of the new Federal election law before the Supreme Court this fall against the challenge of a liberal-conservative suit.

Cox plans to file a "friend of the court" brief representing Sens. Edward M. Kennedy (D-Mass.) and Hugh Scott (R-Pa.), Senate minority leader, the two principal Congressional supporters of the new law.

Buckley-McCarthy

Cox will defend the election law against a challenge filed by the coalition of former senator and Democratic presidential candidate Eugene McCarthy and Sen. James Buckley (Cons-N.Y.).

McCarthy and Buckley are filing suit against proponents of the law, which they feel is unconstitutional because it violates First Amendment rights, restricts political donations, permits public financing of presidential campaigns and would establish a strong Federal Election Commission.

Cox said yesterday that although he is not familiar with specific sections in the new law, he considers it "in the large essentially constitutional."

The Supreme Court must authorize Cox to file a brief representing Kennedy and Scott, Cox, however, said yesterday he "would be surprised if there were any complications in the acceptance of my brief."

Name and Knowledge

A Washington spokesman for Kennedy said yesterday Scott and Kennedy asked Cox to represent them because of his "reknown and his extensive knowledge of the Constitution."

Cox will not receive pay for his services and will work, he said, "basically as a public service."

Kennedy's spokesman also said the Senator "strongly felt that Congress must have the ability to control the power of big money to sway elections and such abuses in campaign financing as were made public in the Watergate investigation."

A spokesman for McCarthy in Washington said yesterday he was not surprised Cox was asked to argue the case. He also said the Justice Department had been reluctant to defend the constitutionality of certain sections of the new law now before the Circuit Court of Appeals.

He said the Justice Department plans to present briefs for both sides when the case comes before the Supreme Court. The case will have priority over other legislation and an "automatic appeal gotten by Senator Buckley," the spokesman said.

Cox said the case would not force him to take any time off from teaching at the Law School next fall.

Sens, Scott and Buckely were not available for comment yesterday