litigation

Earlier today a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Wagner v. FEC, sending the legal challenge brought by three federal contractors back to the start.

The contractors had sued the Federal Election Commission back in October 2011, arguing that federal law unconstitutionally prohibits federal

With the New Jersey gubernatorial primary election fast approaching, we have been tracking a legal challenge to the State’s treatment of contributions to Super PACs.  Back in March, the Election Law Enforcement Commission issued an advisory opinion to the Fund for Jobs and Growth, explaining that the group would need to adhere to contribution limits

On Thursday,  the U.S. Court of Appeals for the D.C. Circuit wrapped up its 2012–2013 Term by hearing argument in Wagner v. FEC, a case that challenges the Federal Election Campaign Act provision prohibiting federal contractors from making political contributions in connection with federal elections.  The court typically issues opinions argued during a term

In September 2012, we reported that Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia dismissed a complaint filed by several registered lobbyists that challenged the Obama Administration’s policy barring lobbyists from federal advisory boards and commissions.  Although Judge Jackson acknowledged potential implications for rights guaranteed by the First Amendment

A few weeks ago the New Jersey Election Law Enforcement Commission issued an advisory opinion indicating that it would enforce the state’s contribution limits against groups that (i) have a major purpose of influencing New Jersey elections and (ii) do so exclusively by making independent expenditures.  Although the Commission recognized that its position might be

This morning the Supreme Court denied review in Danielczyk v. United States, a criminal case in which the defendants challenged the century-old federal ban on direct corporate contributions to candidates.  The district court had granted a motion to dismiss Count Four of the indictment, alleging that the defendants had directed corporate money to a

The top story in today’s campaign finance press is the Supreme Court’s decision to hear McCutcheon v. FEC, a challenge to the Federal Election Campaign Act’s biennial limits on individual contributions to candidate and non-candidate committees.  Here are a few key take-aways.

Timing.  The Court’s argument calendar is full for the remainder of

With respect to the upcoming presidential election, it appears that the dust has settled on the Montana contribution limits litigation.  As a refresher, the district court invalidated the State’s contribution limits and the State appealed the ruling to the Ninth Circuit and requested an emergency stay pending appeal.  Yesterday the Ninth Circuit granted the

As we noted last week, the Montana contribution limits case was headed to the Ninth Circuit.  Without ruling on the merits of the suit, the Ninth Circuit today “temporarily stayed” the district court’s order, which had invalidated Montana’s campaign contribution limits.  The Ninth Circuit stated that its review was “severely constrained” by the