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Level the Playing Field, et al. v. Federal Election Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5117 · judgment June 12, 2020

Certiorari denied · March 22, 2021
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the partisan political activities of a debate-staging organization’s decisionmakers bear upon whether the organization “endorse[s], support[s], or oppose[s] political candidates or political parties” in violation of 11 C.F.R. §110.13(a).

  2. Whether criteria for determining which presidential candidates are invited to participate in general election debates are “objective” under 11 C.F.R. §110.13(c) if only major party candidates can satisfy the criteria.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 26 2021
    Reply of petitioners Level the Playing Field, et al. filed.
  4. Feb 12 2021
    Brief of respondent Federal Election Commission in opposition filed.
  5. Jan 08 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including February 12, 2021.
  6. Jan 06 2021
    Motion to extend the time to file a response from January 13, 2021 to February 12, 2021, submitted to The Clerk.
  7. Dec 14 2020
    Brief amicus curiae of FairVote filed.
  8. Dec 11 2020
    Brief amici curiae of Nonprofit Leaders, Scholars, and Practitioners filed.
  9. Dec 10 2020
    Brief amici curiae of Independent Voter Project, Admiral James Stavridis, Senator Joseph Robert Kerrey, Senator Joseph Isadore Lieberman, The Honorable Clarine Nardi Riddle, The Honorable David M. Walker, And The Honorable Christine Todd Whitman filed.
  10. Dec 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.
  11. Dec 08 2020
    Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
  12. Nov 09 2020
    Petition for a writ of certiorari filed. (Response due December 14, 2020)