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Federal Election Commission, Appellant v. Ted Cruz for Senate, et al.

Paid petition · United States District Court for the District of Columbia, No. 19-cv-908 NJR APM TJK · judgment June 3, 2021


Decided · May 16, 2022
Pre-decision estimate: 95% cert probability (95% interval 89%–98%)

Before the decision, about 23.1× the 4.1% base rate. The model weighted this up for a direct appeal from a three-judge district court (mandatory jurisdiction), a federal-government petitioner, and a petition filed soon after the judgment below.

Questions presented

When a candidate for federal office lends money to his own election campaign, federal law imposes a $250,000 limit on the amount of post-election contributions that the campaign may use to repay the debt owed to the candidate. 52 U.S.C. 30116( j). The questions presented are as follows:

  1. Whether appellees have standing to challenge the statutory loan-repayment limit.

  2. Whether the loan-repayment limit violates the Free Speech Clause of the First Amendment. JURISDICTION POSTPONED 9/30/2021

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Charles Justin Cooper
Cooper & Kirk, PLLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
13 cert-stage

Argument & decision

Argued January 19, 2022 — Malcolm L. Stewart · Charles J. Cooper. Audio and transcript

Decided May 16, 2022. Opinion by Roberts, C.J..

Proceedings

  1. Jun 17 2022
    JUDGMENT ISSUED
  2. May 16 2022
    Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
  3. Jan 19 2022
    Argued. For appellant: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees: Charles J. Cooper, Washington, D. C.
  4. Jan 06 2022
    Reply of appellant Federal Election Commission filed. (Distributed)
  5. Dec 22 2021
    Brief amicus curiae of Senator Mitch McConnell filed. (Distributed)
  6. Dec 22 2021
    Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
  7. Dec 22 2021
    Brief amici curiae of United States Senators Roy Blunt, et al. filed. (Distributed)
  8. Dec 22 2021
    Brief amicus curiae of Protect the First Foundation filed. (Distributed)
  9. Dec 22 2021
    Brief amicus curiae of Republican National Committee filed. (Distributed)
  10. Dec 21 2021
    Brief amicus curiae of Institute for Free Speech filed. (Distributed)
  11. Dec 20 2021
    Brief amicus curiae of Public Policy Legal Institute filed. (Distributed)
  12. Dec 15 2021
    Brief of appellees Ted Cruz For Senate, et al. filed. (Distributed)
  13. Dec 14 2021
    CIRCULATED
  14. Nov 22 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  15. Nov 22 2021
    Brief amici curiae of Campaign Legal Center, et al. filed.
  16. Nov 22 2021
    Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed.
  17. Nov 19 2021
    Brief amicus curiae of Public Citizen filed.
  18. Nov 17 2021
    ARGUMENT SET FOR Wednesday, January 19, 2022.
  19. Nov 17 2021
    Record requested from the U.S.C.A. D.C. Circuit.
  20. Nov 17 2021
    The record from the U.S.D.C. District of Columbia is electronic and located on Pacer.
  21. Nov 15 2021
    Brief of appellant Federal Election Commission filed.
  22. Nov 15 2021
    Joint appendix filed. (Statement of cost filed)
  23. Nov 05 2021
    Blanket Consent filed by Respondent, Ted Cruz For Senate, et al.
  24. Sep 30 2021
    Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
  25. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  26. Aug 25 2021
    Opposition to motion to affirm or dismiss filed by appellant Federal Election Commission.
  27. Aug 06 2021
    Brief amicus curiae of Campaign Legal Center filed.
  28. Aug 06 2021
    Motion to affirm or dismiss filed by appellees Ted Cruz For Senate, et al.
  29. Aug 05 2021
    Brief amicus curiae of Institute for Free Speech filed.
  30. Jul 02 2021
    Statement as to jurisdiction filed. (Response due August 6, 2021)