U.S. Supreme Court

Late last week, the Supreme Court indicated that it intends to review a challenge by Senator Ted Cruz (R-TX) to federal limits on the use of post-election contributions to repay pre-election loans that candidates make to their own campaigns.  This follows an earlier three-judge district court decision that struck down…
Continue Reading Considering the Broader Implications of Cruz v. FEC

Understandably, much of the commentary following the release of the Supreme Court’s blockbuster decision in Trump v. Mazars USA, LLP has focused on the impact of the Court’s ruling on the long-running quest for the President’s tax returns and other financial records.  Buried in the Court’s opinion, however, is an…
Continue Reading The Supreme Court’s Mazars Decision Contains a Significant Suggestion That Congress May Be Bound by the Attorney-Client Privilege in Congressional Investigations

In a startling turn of events that will alter election spending decisions in the run-up to the general election, and after, the Supreme Court reversed a temporary stay issued by Justice Roberts on Friday, and left in place a district court decision that dramatically increased the disclosure obligations for entities…
Continue Reading Donor Disclosure Requirements Expand After Supreme Court Order

The Ferrari carrying former Virginia Governor Bob McDonnell appears to have made a U-turn this week on its way to the federal penitentiary.  Covington released today a Client Alert on the Supreme Court’s decision in McDonnell v. United States, a decision which vacated Governor McDonnell’s conviction and redraws the…
Continue Reading The Supreme Court Redraws the Lines for Corruption Prosecutions

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

The Supreme Court’s latest major campaign finance decision, McCutcheon v. FEC, “does not involve” a challenge to current limits on contributions to political party committees and PACs, which the Court “previously upheld as serving the permissible objective of combatting corruption.”  But it nonetheless provides fodder for those who would…
Continue Reading After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

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

Today, in McCutcheon v. FEC, the Supreme Court struck down the complex array of overall limits on federal political contributions that have been in force since 1974.  Covington issued a detailed advisory analyzing the opinion and its consequences.  We refer our blog readers to that advisory for the details.
Continue Reading Supreme Court Strikes Down Overall Limits on Federal Contributions

As we recently predicted the Supreme Court’s decision in United States v. Windsor striking down part of the Defense of Marriage Act is prompting the FEC to reconsider, and likely revise, its decision in an earlier Advisory Opinion, 2013-02 (“Winslow I”), that the definition of “spouse” under federal…
Continue Reading FEC Moves to Reconsider Scope of “Spouse” In Light of Supreme Court Decision Striking Down DOMA