Giffords v. Federal Election Commission

Giffords, a nonprofit organization focused on preventing gun violence, sought to sue its ideological nemesis, the National Rifle Association of America (NRA). Using loopholes triggered by the Federal Election Commission (FEC)’s lack of quorum, a district court granted Giffords permission to weaponize the Federal Election Campaign Act (“FECA”) into lawfare. But the district court lacked jurisdiction to grant the order, and Giffords did not meet the predicate conditions under the Act to file the suit.

Giffords first filed a complaint with the FEC. Since the FEC cannot take affirmative enforcement action without the necessary quorum, the agency acted on deadlock. Anything less than quorum, including a deadlocked vote on a complaint, constitutes a final agency action under 52 U.S.C. § 30109(a)(8). Giffords then filed suit before the district court, alleging lack of FEC action. When advised by the NRA that the Commission had acted, and thus that its earlier orders lacked jurisdiction, the district court ignored the lack of jurisdiction, harming the NRA in Giffords’s ongoing private suit.

On August 4, 2025, the Institute for Free Speech filed an amicus brief in Giffords v. Federal Election Commission urging the court of appeals to deny the motion to dismiss and review the case on its merits. To read the brief, click here.