DCCC v. FEC (24-2935)

On November 1, 2024, the United States District Court for the District of Columbia denied the DCCC's request to consolidate its motion for a preliminary injunction with trial on the merits and denied the DCCC's motion for preliminary injunction.

The DCCC had filed suit on October 17, 2024, seeking declaratory judgment and injunctive relief against the Commission for alleged violations of the Administrative Procedure Act. The pending motion sought to vacate a letter issued by the Commission on October 10, 2024, stating that it was unable to render an advisory opinion concerning the application of Commission regulations to proposed television advertisements to be run by joint fundraising committees that primarily advocate a candidate’s election but also contain a brief fundraising solicitation.

The court noted that it is unclear that vacating the October 10 letter would have any legal effect at all, let alone any effect that might prevent or redress the plaintiff's asserted injuries, because an order vacating that letter would not give the DCCC a safe harbor, nor would it prevent others from airing the ads at issue. The court stated that the plaintiff failed to meet the requirements necessary for issuing a preliminary injunction, and as such, the court must deny the motion.

Source: FEC Record — November 2024; October 2024

District Court (DC)

Court decisions:

• Memorandum Opinion and Order (11/01/2024)

Related documents:

• Reply in Support of Plaintiff's Motion for Summary Judgment (05/06/2025)
• NRSC's Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for Summary Judgment and in Reply in Support of NRSC's Motion to Dismiss (04/18/2025)
• Federal Election Commission's Combined Reply in Support of Its Motion to Dismiss and Response in Opposition to Plaintiff's Motion for Summary Judgment (04/18/2025)
• Plaintiff's Motion for Summary Judgment and Combined Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motions to Dismiss (03/07/2025)
• Federal Election Commission's Motion to Dismiss (02/07/2025)
• Federal Election Commission's Memorandum of Points and Authorities in Support of Its Motion to Dismiss (02/07/2025)
• Intervenor-Defendant NRSC's Motion to Dismiss the Amended Complaint (02/07/2025)
• NRSC's Memorandum of Points and Authorities in Support of Its Motion to Dismiss (02/07/2025)
• Plaintiff's First Amended Complaint for Declaratory Judgment and Injunctive Relief (12/20/2024)
• Plaintiff's Reply in Support of a Motion for Preliminary Injunction (10/25/2024)
• FEC Opposition to Plaintiff's Motion for Preliminary Injunction (10/24/2024)
• NRSC Memo of Points and Authorities in Opposition (10/24/2024)
• Plaintiff's Motion for Preliminary Injunction (10/17/2024)
• Complaint for Declaratory Judgment and Injunctive Relief (10/17/2024)