Justia Election Law Opinion Summaries

Plaintiffs filed suit challenging the constitutionality of the Federal Election Campaign Act's (FECA), 52 U.S.C. 30116(a)(1)(A), base limits on individual contributions to candidates. The DC Circuit rejected plaintiffs' challenge to Congress's decision to fashion FECA's base contribution limits for individuals as per-election ceilings. The court explained that the Supreme Court in Buckley v. Valeo, 424 U.S. 1 (1976), rejected a constitutional challenge to those ceilings, and that holding remains undisturbed. The Supreme Court reasoned that, as long as a contribution limit is not so low as to prevent candidates from mounting effective campaigns, the judiciary would generally defer to Congress's determination of the limit’s precise amount. The court concluded that the same was true of Congress's intertwined choice of the timeframe in which that amount may be contributed. View "Holmes v. FEC" on Justia Law

Plaintiffs, the Libertarian Party's presidential and vice presidential candidates in the 2012 elections, filed suit claiming that they were excluded pursuant to an agreement between the Obama for America and Romney for President campaigns. Plaintiffs alleged that the parties' agreement reflected in a memorandum of understanding (MOU) stipulated to three presidential debates and one vice presidential debate, and designated dates, locations, moderators, and topics. Plaintiffs challenged the MOU as an unlawful agreement to monopolize and restrain competition in violation of sections 1 and 2 of the Sherman Act, 15 U.S.C. 1–2. The DC Circuit affirmed the district court's dismissal of the case. The court held that the doctrine of constitutional avoidance permitted the court to resolve this case on alternative grounds, based on antitrust standing. The court explained that the injuries plaintiffs claim were simply not those contemplated by the antitrust laws. Furthermore, plaintiffs failed to allege a clear legal claim, let alone identified a cognizable injury, in regard to their First Amendment claim. View "Johnson v. Commission on Presidential Debates" on Justia Law