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      End Citizens United PAC v. FEC (21-1665 / 22-5176)

End Citizens United PAC v. FEC (21-1665 / 22-5176) 
 Summary
          
            Documents
 Summary

  
  
    On June 9, 2023, the United States Court of Appeals for the District of Columbia reversed a district court decision that dismissed a suit brought by End Citizens United PAC (plaintiff) against the Commission.BackgroundIn May 2019, plaintiff filed an administrative complaint, alleging that Donald J. Trump for President, Inc. (Trump Campaign) violated the Federal Election Campaign Act (the Act) by soliciting and directing funds to America First Action, a Super PAC, without regard to the Act’s source prohibitions and contribution limits.On April 20, 2021, after a vote to find reason to believe that the Trump Campaign violated the Act failed to secure the necessary four votes, the Commission closed the file.On April 18, 2022, the district court dismissed the suit, holding that since the controlling Commissioners relied on prosecutorial discretion as a basis for voting against reason to believe, the dismissal was not subject to judicial review. Lacking the authority to review the dismissal, the court denied the plaintiff’s motion for default judgment and dismissed the case for lack of subject matter jurisdiction.The plaintiff appealed the court’s decision contending that the Commission acted contrary to law in dismissing its complaint in absence of the timely explanation required by circuit court precedent.AnalysisCiting that precedent, the appeals court noted that the controlling Commissioners “were obligated to issue a contemporaneous statement ‘explaining their votes,’ which the court would treat as the Commission’s reason for the dismissal.” The appeals court concluded that the district court erred by relying on a non-contemporaneous explanation. Guided as well by Supreme Court precedent, the appeals court reversed the district court’s judgment and instructed the lower court to remand the case to the Commission for further action, consistent with its opinion.Source: FEC Record — July 2023; May 2022; June 2021
 Documents

  
  
    Appeals Court (DC Circuit) (22-5176)Court decisions:Mandate (08/01/2023)Per Curiam Judgment (06/09/2023)Opinion (06/09/2023)Related documents:Appellant's Reply (01/13/2023)Brief of David W. Casazza as Court-Appointed Amicus Curiae in Support of the Judgment (12/16/2022)Appellant’s Amended Brief (08/04/2022)District Court (DC) (21-1665)Court decisions:Minute Order (11/07/2023)Remand Order (09/07/2023)Order (04/18/2022)Memorandum (04/18/2022)Clerk’s Entry of Default (09/15/2021)Related documents:Federal Election Commission's Status Report (11/13/2023)Notice of Appeal (06/16/2022)Certification (08/12/2021)Complaint for Declaratory and Injunctive Relief (06/21/2021)


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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