After a lengthy battle between Senate Republican leaders and the White House, Smith was nominated to a six-year term on the FEC on February 9, 2000 by then-President Bill Clinton, and confirmed to the post by the United States Senate on May 24, 2000. By this time, Smith had established himself as one of the leading experts on campaign finance in the United States, with his writings on campaign finance and election issues having appeared in noted academic publications in addition to the "Yale Law Journal", including the "University of Pennsylvania Law Review" and the "Harvard Journal of Legislation". The Brennan Center for Justice, a harsh critic of Smith's work, nevertheless recognized him as "the most sought after witness" to make the case for deregulation of campaign finance before congressional committees.