Lieu, et al. v. FEC
Summary
On February 28, 2019, the United States District Court for the District of Columbia dismissed a suit brought against the Commission by Representative Ted Lieu, Representative Walter Jones, Senator Jeff Merkley, State Senator John Howe, Zephyr Teachout, and Michael Wager (“Plaintiffs”). Plaintiffs alleged that the Commission had relied on an “unlawful ruling” in SpeechNow.org v. FEC to dismiss a complaint against several Super PACs.
Plaintiffs' administrative complaint had alleged that those Super PACs had knowingly accepted contributions in excess of the limits set by the Federal Election Campaign Act. The Commission dismissed the administrative complaint, citing SpeechNow.org v. FEC. Upon dismissal of the administrative complaint, Plaintiffs asked the court to declare the Commission’s actions “contrary to law.” The court noted that the Plaintiffs' allegations “fall squarely within the holding of SpeechNow,” and concluded that the Commission’s dismissal of Plaintiffs' administrative complaint was not contrary to law because the Commission properly applied the D.C. Circuit’s en banc ruling in that case.
On October 3, 2019, the United States Court of Appeals for the District of Columbia Circuit issued a per curiam order finding the plaintiffs’ motion to hold in abeyance moot and granting the Commission’s motion for summary affirmance. The court also found the Commission’s decision to dismiss the administrative complaint was not contrary to law because contributions to Super PACs could not constitutionally be prohibited under SpeechNow.org v. FEC.
Source: FEC Record — October 2019; March 2019; December 2016
Documents
Supreme Court
Court decisions :
- Order Denying Petition for Writ of Certiorari (11/09/2020)
Related documents :
- Reply Brief for Petitioners (10/21/2020)
- Brief for the Respondent in Opposition (09/21/2020)
- Brief of United States Senators as Amici Curiae in Support of Petitioners (07/22/2020)
- Amici Brief of the States of Washington, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Virginia in Support of Petitioners (07/22/2020)
- Brief of Amici Curiae Political Scientists (07/22/2020)
- Brief for Amici Curiae Christopher T. Robertson, Kelly Bergstrand, and D. Alexander Winkelman in Support of Petitioners (07/22/2020)
- Brief Amicus Curiae from Legal Scholars of Campaign Finance in Support of Petitioners (07/22/2020)
- Brief of Amicus Curiae Former FEC Commissioner Ann M. Ravel in Support of Petitioners (07/21/2020)
- Petition for a Writ of Certiorari (06/18/2020)
Appeals Court (DC Circuit)
Court decisions:
Related documents:
- Appellants' Petition for Rehearing Hearing en banc (11/15/2019)
- Brief of Amicus Curiae CREW in Support of Plaintiffs-Appellants' Petition for Initial Hearing en banc (06/28/2019)
- Brief of Senator Sheldon Whitehouse, Richard Blumenthal, and Mazie Hirono as Amici Curiae in Support of Appellants' Petition for Initial Hearing en banc (06/28/2019)
- Brief for Amici Curiae Christopher T. Robertson, Kelly Bergstrand, and D. Alexander Winkelman in Support of Appellants' Petition for Initial Hearing en banc (06/28/2019)
- Appellants' Reply in Support of Request to Hold FEC's Motion in Abeyance (06/24/2019)
- Petition for Initial Hearing en Banc (06/21/2019)
- FEC's Reply in Support of its Motion for Summary Affirmance and Opposition to Appellants' Request to Hold FEC's Motion in Abeyance (06/17/2019)
- Appellants' Response in Opposition to FEC's Motion for Summary Affirmance and Affirmative Request to Hold FEC's Motion in Abeyance (05/30/2019)
- FEC's Motion for Summary Affirmance (05/10/2019)
District Court (DC)
Court decisions:
- Mandate (02/10/2020)
- Memorandum Opinion (02/28/2019)
- Order (02/28/2019)
Related documents:
- Civil Notice of Appeal (03/18/2019)
- FEC's Reply in Support of Motion to Dismiss Plaintiffs' First Amended Complaint (07/02/2018)
- Plaintiffs' Opposition to the FEC's Motion to Dismiss the First Amended Complaint (06/13/2018)
- FEC's Notice of Filing of Certified List of Contents of the Administrative Record in MUR 7101 (05/07/2018)
- FEC's Motion to Dismiss Plaintiffs' First Amended Complaint (05/07/2018)
- First Amended Complaint for Declaratory and Injunctive Relief (03/07/2018)
- FEC's Reply in Support of Motion to Dismiss Plaintiffs' Complaint for Lack of Jurisdiction (09/05/2017)
- Plaintiffs' Opposition to FEC's Motion to Dismiss (08/16/2017)
- FEC's Motion to Dismiss Plaintiffs' Complaint for Lack of Jurisdiction (07/17/2017)
- Defendant FEC's Answer (01/13/2017)
- Complaint for Declaratory and Injunctive Relief (11/04/2016)