Campaign Legal Center v. FEC (21-0406 / 22-5140, 22-5167)

On May 3, 2022, the United States District Court for the District of Columbia (the court) found that the Commission failed to comply with the court’s order to act on an administrative complaint filed by Campaign Legal Center (the plaintiff). The court declared that the plaintiff may file suit to enforce the Federal Election Campaign Act (the Act) against the alleged violator.

Background

On February 16, 2021, the plaintiff filed suit alleging that the Commission failed to act on its administrative complaint against Heritage Action for America. On March 25, 2022, the court granted the plaintiff a default judgment. The court held that the Commission’s failure to act was contrary to law and ordered the Commission to take action on the complaint within 30 days. A month later, plaintiff moved for an order declaring that the FEC had failed to conform to the court’s order.

Analysis

Heritage Action for America filed an amicus brief that argued the Court should hold the case in abeyance because documents responsive to its pending FEC FOIA request could show that the Commission did not act contrary to law. The Court rejected that argument, noting it had already decided the FEC acted contrary to law when it granted default judgement.

The court determined that the Commission did not comply with its March 25, 2022, order within the time specified, and granted the plaintiff’s motion. Under the Act, complainants may file suit to enforce the Act when the court declares that the Commission’s dismissal or failure to act on an administrative complaint is contrary to law and the Commission fails to correct the illegality. As a result, the court declared that the plaintiff may bring a civil action to enforce the Act against Heritage Action for America.

Source: FEC Record — May 2022; March 2022; February 2021

Appeals Court (DC Circuit) (22-5140, 22-5167)

Court decisions:

• Mandate (07/11/2023)
• Per Curiam Judgment (05/19/2023)
• Opinion (05/19/2023)
• Per Curiam Order (09/14/2022)
• Order (06/10/2022)

Related documents:

• Reply Brief for Appellant (12/21/2022)
• Brief for Plaintiff-Appellee Campaign Legal Center (11/30/2022)
• Brief of the Institute for Free Speech Amicus Curiae in Support of the Movant-Appellant (11/07/2022)
• Corrected Brief for Appellant (11/03/2022)
• Plaintiff-Appellee Campaign Legal Center's Reply in Support of Its Motion for Summary Affirmance and Dismissal for Lack of Appellate Jurisdiction (07/25/2022)
• Appellant's Response in Opposition to Campaign Legal Center's Motion for Summary Affirmance and Dismissal (07/18/2022)
• Reply in Support of Appellant's Opposed Motion to Hold Appeals in Abeyance (07/12/2022)
• Plaintiff-Appellee Campaign Legal Center's Motion for Summary Affirmance and Dismissal for Lack of Appellate Jurisdiction (07/08/2022)
• Plaintiff-Appellee Campaign Legal Center's Response in Opposition to Motion to Hold Appeals in Abeyance (07/05/2022)
• Opposed Motion to Hold Appeals in Abeyance (06/23/2022)

District Court (DC) (21-0406)

Court decisions:

• Order (06/06/2022)
• Memorandum (06/06/2022)
• Order (03/25/2022)
• Clerk's Entry of Default (05/10/2021)

Related documents:

• Reply in Support of the Motion of Heritage Action for America for Relief from Orders and Judgment and Motion to Defer Consideration (04/14/2023)
• Plaintiff Campaign Legal Center's Response to Non-Party Heritage Action for America's Request to Defer Consideration of Its Motion for Relief from Judgment Pursuant to Rule 60 (04/07/2023)
• Memorandum of Points and Authorities in Support of the Motion of Heritage Action for America for Relief from Orders and Judgment and Motion to Defer Consideration (03/24/2023)
• Motion of Heritage Action for America for Relief from Orders and Judgment and Motion to Defer Consideration (03/24/2023)
• Reply in Support of Expedited Motion of Heritage Action for America to Intervene (05/27/2022)
• Plaintiff Campaign Legal Center's Opposition to Heritage Action's Motion for Leave to Intervene (05/24/2022)
• Notice of FEC’s Actions (05/16/2022)
• Expedited Motion of Heritage Action for America to Intervene (05/10/2022)
• Memorandum of Points and Authorities in Support of the Expedited Motion of Heritage Action for America to Intervene (05/10/2022)
• Amicus Curiae Brief of Heritage Action for America Requesting Abeyance in Light of Pending Request for Material Information from the Federal Election Commission (04/27/2022)
• Motion of Heritage Action for America for Leave to File Amicus Curiae Brief Requesting Abeyance in Light of Pending Request for Material Information from the Federal Election Commission (04/25/2022)
• Amicus Curiae Brief of Heritage Action for America Requesting Abeyance in Light of Pending Request for Material Information from the Federal Election Commission (04/25/2022)
• Institute for Free Speech Amicus Curiae Brief (09/10/2021)
• Plaintiff's Motion for Default Judgment against Defendant FEC (05/24/2021)
• Complaint for Declaratory and Injunctive Relief (02/16/2021)