ORDER AND JUDGMENT Upon consideration of the parties’ joint status report and stipulation for entry of judgment, the Court HEREBY DECLARES that: The biennial aggregate limit on an individual’s contributions to candidates and the authorized committees of federal candidates at 2 U.S.C. § 441a(a)(3)(A) is unconstitutional. /s/ Janice Rogers Brown JANICE ROGERS BROWN United States […]
Read full opinion at this link. MCCUTCHEON ET AL. v. FEDERAL ELECTION COMMISSION APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 12–536. Argued October 8, 2013—Decided April 2, 2014 The right to participate in democracy through political contributions is protected by the First Amendment, but that right is not absolute. […]
Judge Daniel L. Hovland of the US District Court for the District of North Dakota awarded the Center for Competitive Politics attorneys fees and costs in the final chapter of the Emineth v. Jaeger lawsuit. Last October, Judge Hovland issued an injunction barring enforcement of North Dakota’s prohibition against campaigning on election day. After he […]
Setting the stage for a groundbreaking First Amendment test of campaign finance law, federal judge Robert L. Wilkins certified to the United States Court of Appeals for the D.C. Circuit, sitting en banc, the question of whether the government violates the right of free speech by limiting a decedent’s bequest to a political party. Here […]
Filed Under: Legal, Legal Center, Libertarian National Committee v. FEC, All CCP Legal Documents, Libertarian National Committee v. FEC, Completed Cases (Litigation), Completed Cases (Opinions), Litigation, Opinions
Calling the law “clearly invalid,” a federal judge in North Dakota today ruled that the state’s 100-year-old ban on election-day campaigning is unconstitutional. The ruling came in response to a lawsuit filed by the Center for Competitive Politics, a pro-free speech group. The Center represents Gary Emineth, who wishes to post yard signs on his property, […]
In Western Tradition Partnership Inc. v. Attorney General, the Montana Supreme Court upheld Montana’s ban on corporate independent political expenditures, in the face of the United State’s Supreme Court’s ruling in Citizen United v. Federal Election Commission. Here is the US District Court Order and Permanent Injunction.
Copy of the Patriotic Veterans v. Indiana injunction.
First Amendment rights received a significant boost when a judge issued a preliminary injunction in Carey v FEC, freeing up Political Action Committees (PACs) that make contributions to candidates to also accept unlimited contributions to make independent expenditures and pay for operating costs. Here is a link to the Injunction.
District Court (DC) (11-259) Defendant Federal Election Commission’s Answer (4/1/11) [PDF; 10 pages] Plaintiff’s Reply Memorandum in Support of Motion for Preliminary Injunction (3/28/11) [PDF; 29 pages] Federal Election Commission’s Memorandum in Opposition to Plaintiff’s Motion for Preliminary Injunction (3/7/11) [PDF; 49 pages] Plaintiff’s Motion for Preliminary Injunction (1/31/11) [PDF; 45 pages] Complaint (1/31/11) [PDF; 68 pages]