Campaign Legal Center, et al. v. FEC (19-2336 / 21-5081)

On April 19, 2022, the United States Court of Appeals for the District of Columbia (appeals court) reversed a 2021 district court decision that dismissed a suit brought by Campaign Legal Center (CLC) and Catherine Hinckley Kelley (plaintiffs) against the Commission.

Background

On August 2, 2019, plaintiffs filed suit seeking injunctive and declaratory relief for the Commission’s dismissal of their administrative complaint against Correct the Record (CTR) and Hillary for America. In their complaint, they alleged informational injury as well as a violation of the Administrative Procedure Act (APA). The district court found they lacked standing and dismissed the APA claim because it challenged the Commission’s legal reasoning, rather than the "facial validity" of the regulations.

Analysis

The appeals court stated that contrary to the findings of the district court, the information sought by plaintiffs had not been previously disclosed on filings from CTR or Hillary for America. CTR disclosed its aggregated expenditures but did not indicate which were coordinated with the Clinton campaign. Because of this, there is no way to know what portion of the lump sum disclosures provide the information the plaintiffs sought. The appeals court noted that denying standing in circumstances of this sort would permit those who seek to circumvent full disclosure to block requests for information covered by FECA. The court concluded that plaintiffs have established an informational injury and have standing to challenge the Commission’s dismissal of their administrative complaint. Accordingly, the appeals court reversed the district court’s decision and remanded the case for further proceedings.

Source: FEC Record — May 2022; February 2021; December 2020; August 2019

Appeals Court (DC Circuit) (21-5081)

Court decisions:

• Mandate (06/13/2022)
• Per Curiam Order (04/19/2022)
• Opinion (04/19/2022)

Related documents:

• Appellants' Reply Brief (09/08/2021)
• Intervenor-Appellees’ Principal and Response Brief (08/18/2021)
• Appellants' Corrected Opening Brief (07/22/2021)

District Court (DC) (19-2336)

Court decisions:

• Mandate (06/13/2022)
• Memorandum Opinion (02/12/2021)
• Order (02/12/2021)
• Memorandum Opinion (12/02/2020)
• Order (12/02/2020)
• Memorandum Opinion (06/04/2020)
• Order (06/04/2020)
• Order (11/21/2019)
• Memorandum Opinion (11/15/2019)

Related documents:

• Plaintiffs' Reply in Support of their Second Motion for Summary Judgment (10/17/2022)
• Defendant-Intervenors’ Response in Opposition to Plaintiffs’ Second Cross-Motion for Summary Judgment and Reply in Support of Defendant-Intervenors’ Second Motion for Summary Judgment (10/03/2022)
• Plaintiff's Second Motion for Summary Judgment and Plaintiff's Combined Memorandum of Points and Authorities in Support of Plaintiffs' Second Motion for Summary Judgment and in Opposition to Defendant-Intervenors' Second Motion for Summary Judgment (09/12/2022)
• Defendant-Intervenors' Second Motion for Summary Judgment (08/12/2022)
• Memorandum of Points and Authorities in Support of Defendant-Intervenors’ Second Motion for Summary Judgment (08/12/2022)
• Plaintiffs' Notice of Appeal (04/07/2021)
• Reply in Support of Defendant-Intervenors’ Supplemental Memorandum in Further Support of their Motion for Summary Judgment (01/27/2021)
• Plaintiffs’ Supplemental Memorandum in Further Support of their Motion for Summary Judgment (01/13/2021)
• Defendant-Intervenors’ Supplemental Memorandum in Further Support of their Motion for Summary Judgment (12/23/2020)
• Reply Brief in Support of Defendant-Intervenors' Cross-Motion for Summary Judgment (10/16/2020)
• Plaintiffs' Combined Memorandum of Points and Authorities in Opposition to Defendant-Intervenors' Cross-Motion for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment (09/25/2020)
• Proposed Amicus Curiae Brief of the Institute for Free Speech in Support of No Party on Cross-Motions for Summary Judgment (09/09/2020)
• Hillary For America Correct the Record, Intervenors Memorandum of Points and Authorities in Support of Intervenors Cross-Motion for Summary Judgment and in Opposition to Plaintiffs’ Motion for Summary Judgment (08/31/2020)
• Plaintiffs' Motion for Summary Judgment (07/24/2020)
• Defendant-Intervenors Answer to Plaintiffs' Amended Complaint (06/18/2020)
• Defendant-Intervenors' Reply Brief in Support of their Amended Motion to Dismiss Plaintiffs' Amended Complaint (03/27/2020)
• Plaintiff's Opposition to Correct the Record's and Hillary For America's Amended Motion to Dismiss (03/05/2020)
• Memorandum of Points and Authorities in Support of Defendant-Intervenors' Amended Motion to Dismiss Plaintiffs' Amended Complaint (02/04/2020)
• FEC's Certified List of Administrative Record Documents in MUR 7146 (01/06/2020)
• FEC's Notice of Filing of Certified List of Administrative Record Documents in MUR 7146 (01/06/2020)
• Plaintiffs' Opposition to Correct the Record's and Hillary for America's Second Motion to Intervene (11/15/2019)
• Amended Complaint for Declaratory and Injunctive Relief (10/29/2019)
• Reply in Support of Hillary for America's and Correct the Record's Motion to Intervene (10/29/2019)
• Plaintiffs' Opposition to Correct the Record's and Hillary for America's Motion to Intervene (10/15/2019)
• Motion to Intervene as Defendants (10/01/2019)
• Complaint for Declaratory and Injunctive Relief (08/02/2019)