Litigation

As the 2018 mid-term season approaches, viewers may be seeing fewer issue advertisements paid for by so-called “dark money” groups.  In a consequential decision, a federal court in Washington, D.C. concluded yesterday that all “electioneering communications” presumptively count as political spending for purposes of determining whether a group should…
Continue Reading Federal Court Decision Puts Brakes on Issue Ads

Over the past few years, a few state political party committees have relentlessly sought to block or overturn pay-to-play laws overseen by the Securities and Exchange Commission (SEC). Yesterday, the Sixth Circuit delivered another defeat to an ongoing effort to challenge federal pay-to-play laws.

Last year, we noted that the…
Continue Reading MSRB Pay-to-Play Challenge Stymied by Sixth Circuit over Standing

The long saga of the legal challenge by Carl Ferrer, CEO of Backpage, to a subpoena issued by the Senate’s Permanent Subcommittee on Investigations (“PSI”) appears to have reached a conclusion.  A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit this week dismissed the case as …
Continue Reading D.C. Circuit Dismisses Major Case Concerning Attorney-Client Privilege in Congressional Investigations

Yesterday’s D.C. Circuit opinion upholding the SEC’s burdensome “pay-to-play” rule on procedural grounds is bad news for those questioning the rule’s constitutionality.  Nevertheless, the rule is still far from invincible.

The SEC pay-to-play rule, among other things, effectively prohibits investment firm executives from making certain political contributions to state and…
Continue Reading What’s Next for the SEC Pay-to-Play Rule Challenge?

The Wagner case, decided today by the D.C. Circuit, is important because of its analysis of the constitutionality of federal campaign contribution restrictions and, by extension, of pay-to-play laws generally. Covington has been monitoring this case since the district court decision in 2012, to the argument before the D.C. Circuit…
Continue Reading Highlights from Wagner; D.C. Circuit Upholds Contributions Restrictions But Limits Ruling

A constitutional challenge to the SEC’s “pay to play” rule moved one step closer to resolution today, even as significant hurdles remain in an effort to strike down the rule.

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments this morning on an appeal brought by…
Continue Reading D.C. Circuit Hears Constitutional Challenge to SEC Pay to Play Rule

A U.S. District Court judge today vacated an FEC regulation that limited the degree to which corporations and labor unions must disclose their donors when they pay for an Electioneering Communication.  Van Hollen v. FEC  An Electioneering Communication is a broadcast, cable or satellite communication that features a federal candidate,…
Continue Reading A Pyrrhic Victory? The Impact of Today’s District Court Decision on Electioneering Communications (Van Hollen v. FEC)

In an important decision, the US District Court for the District of Columbia yesterday dismissed a constitutional challenge to the SEC’s “pay to play” rule, which restricts contributions and fundraising by some individuals who are associated with hedge funds, private equity funds, and other registered investment advisers. The…
Continue Reading Court Dismisses Challenge to SEC Pay to Play Rule (For Now)

Super PACs in the Empire State and in the Big Apple are about to become more “super.”  Today, a New York federal court finally (albeit begrudgingly) struck down a state law that effectively capped contributions to state Super PACs at no more than $150,000.  Prior to today’s ruling, New York…
Continue Reading Federal Judge Finally Tosses Aside Limits on Contributions to New York Super PACs

In his controlling opinion yesterday in McCutcheon v. FEC, Chief Justice John Roberts struck down the federal aggregate campaign contribution limits.  These limits capped the total amount one individual could give to candidates, party committees, and PACs in a two-year election cycle.  The purpose of the limits was to…
Continue Reading Don’t Hold Your Breath for a Legislative “Fix” to McCutcheon