EMILY's List v. FEC

On December 22, 2005, the U.S. Court of Appeals for the District of Columbia Circuit upheld the district court’s refusal to grant EMILY’s List’s request for preliminary injunctive relief. The suit challenges Commission regulations regarding the treatment of funds raised through certain solicitations and the rules on federal/nonfederal allocation by political action committees. See the April 2005 Record, page 1.

The appeals court found that the district court had not abused its discretion in denying injunctive relief. The district court had considered whether EMILY’s List has a substantial likelihood of success on the merits, whether it would suffer irreparable injury absent an injunction, and whether an injunction would substantially injure other interested parties or further the public interest. In light of the evidence of irreparable harm shown submitted by EMILY’s List and its likelihood of prevailing on the merits, the appeals court affirmed the district court’s decision.