Appeals Court issues judgment and opinion in Campaign Legal Center, et al. v. FEC

WASHINGTON – The U.S. Court of Appeals for the District of Columbia Circuit issued a Per Curiam Judgment and Opinion in Campaign Legal Center, et al. v. FEC (Case No. 22-5336) yesterday, affirming a 2022 Opinion of the U.S. District Court for the District of Columbia and instructing the District Court to remand the case to the Commission.

In 2019, Plaintiffs had filed suit seeking injunctive and declaratory relief for the Commission’s dismissal of their administrative complaint against Correct the Record (CTR) and Hillary for America, which Plaintiffs alleged had illegally engaged in coordinated communications, resulting in in-kind contributions, and improperly used the Commission’s so-called internet exemption to evade reporting requirements. The Commission lacked the required votes to open an investigation and the matter was dismissed. In their complaint, Plaintiffs alleged informational injury as well as a violation of the Administrative Procedure Act (APA).

The Court of Appeals upheld the district court’s decision, which had held that the agency’s interpretation of the internet exemption was based on an impermissible interpretation of the Act. The Court then remanded the matter.