Court of Appeals issues opinion and judgment in National Republican Senatorial Committee, et al. v. FEC, et al.

WASHINGTON – The U.S. Court of Appeals for the Sixth Circuit issued an en banc Opinion and Judgment in National Republican Senatorial Committee, et al. v. FEC, et al. (Case Nos. 22-639/24-3051) yesterday, affirming that the limits on coordinated campaign expenditures of the Federal Election Campaign Act of 1971, as amended (the Act), do not violate the First Amendment.

Under the Act, a national party committee and state party committee may make expenditures in connection with the general election campaigns of federal candidates that are coordinated with those candidates. These coordinated party expenditures do not count against the contribution limits but are subject to a separate set of limits. These limits are based on the office sought and the relevant voting-age population, and are adjusted annually for inflation.

Plaintiffs argued in their constitutional challenge that limiting the expenditures a party may make in coordination with its nominees unconstitutionally abridged the party’s First Amendment rights.