One of the several concerns that have been raised about Sixth Circuit nominee Amul Thapar centers on a case in which he used a severely flawed First Amendment analysis to strike down Kentucky’s ban on state judicial candidates contributing money to political organizations or candidates. In Winter v. Wolnitzek, Thapar applied strict scrutiny (the highest possible standard) to the prohibition, even though the Supreme Court has stated repeatedly that restrictions on campaign contributions are subject to a lesser level of scrutiny. (His opinion was reversed by a unanimous three-judge circuit panel.)