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LIBERTARIAN NATIONAL COMMITTEE INC v. FEDERAL ELECTION COMMISSION (2019)

United States Court of Appeals, District of Columbia Circuit.

LIBERTARIAN NATIONAL COMMITTEE, INC., Appellant v. FEDERAL ELECTION COMMISSION, Appellee

No. 18-5227

Decided: May 21, 2019

Before: Garland, Chief Judge, and Henderson, Rogers, Tatel, Griffith, Srinivasan, Millett, Pillard, Wilkins, Katsas, Circuit Judges *

Alan Gura, Gura PLLC, Alexandria, VA, for Plaintiff-Appellant Kevin Andrew Deeley, Associate General Counsel, Jacob S. Siler, Harry Jacobs Summers, Federal Election Commission, (FEC), Washington, DC, for Defendant-Appellee Aditya Dynar, Attorney, Timothy Mason Sandefur, Attorney, Goldwater Institute, Phoenix, AZ, for Amicus Curiae for Appellant Goldwater Institute Tara Malloy, Megan Patricia McAllen, Campaign Legal Center, Washington, DC, Donald Jay Simon, Sonosky, Chambers, Sachse, Endreson & Perry LLP, Washington, DC, Fred Wertheimer, Democracy 21, Washington, DC, for Amici Curiae for Appellee Campaign Legal Center, Democracy 21 Allen Joseph Dickerson, Institute for Free Speech, Alexandria, VA, for Amicus Curiae for Appellant Institute for Free Speech

JUDGMENT

This cause came on to be heard on the certification of constitutional questions from the United States District Court for the District of Columbia and was argued by counsel. On consideration thereof, and of the Federal Election Commission’s motion to dismiss for lack of jurisdiction, the response thereto, and the reply, it is

ORDERED that the motion be denied. It is

FURTHER ORDERED and ADJUDGED that the imposition of FECA’s annual contribution limits on Shaber’s bequest, and FECA’s two-tiered contribution limit, both on its face and as applied to Shaber’s bequest, do not violate the Libertarian National Committee’s First Amendment rights.

Opinion for the Court filed by Circuit Judge Tatel.

Opinion concurring in part and dissenting in part filed by Circuit Judge Griffith.

Opinion concurring in part, concurring in the judgment in part, and dissenting in part filed by Circuit Judge Katsas, with whom Circuit Judge Henderson joins.

Per Curiam

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LIBERTARIAN NATIONAL COMMITTEE INC v. FEDERAL ELECTION COMMISSION (2019)

Docket No: No. 18-5227

Decided: May 21, 2019

Court: United States Court of Appeals, District of Columbia Circuit.

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