 After deciding that the statute 's subject matter necessitated the strict scrutiny approach , the District Court decided on June 10 , 1991 that it was an unconstitutional violation of the right to vote for and select Senate candidates . This decision was appealed to the Court of Appeals for the Third Circuit , who decided against the use of the strict scrutiny approach and , in its absence , ruled that the statute was not a violation of the Fourteenth and Seventeenth Amendments . Academics have been critical of both the decision reached and the approach used , with one suggesting that the " substantial state interests " test used in Valenti v. Rockefeller would be more appropriate . 
