Supreme Court of the United States · Official docket →
National Republican Senatorial Committee, et al. v. Federal Election Commission, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3051 · judgment September 5, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Sixth Circuit decision below, and a petition filed soon after the judgment below.
Question presented
A political party exists to get its candidates elected. Yet Congress has severely restricted how much parties can spend on their own campaign advertising if done in cooperation with those very candidates. 52 U.S.C. § 30116(d). In an opinion by Chief Judge Sutton, a 10-judge majority of the en banc Sixth Circuit agreed that these so-called "coordinated party expenditure limits" stand in serious tension with recent First Amendment doctrine. App.10a-15a. It nevertheless upheld them as constitutional, both on their face and as applied to coordinated political advertising ("party coordinated communications"), believing the case to be controlled by FEC v. Colorado Republican Federal Campaign Committee, 533 U.S. 431 (2001) (Colorado II). In doing so, the majority acknowledged that in the 23 years since Colorado II, this Court "has tightened the free-speech restrictions on campaign finance regulation," that "tension has emerged between the reasoning of Colorado II and the reasoning of later decisions of the Court," and that relevant facts have "changed, most notably with 2014 amendments" to the limits and "the rise of unlimited spending by political action committees." App.3a-4a, 11a. But it thought "any new assessment of the validity of the limits" remained this Court's "province, not ours." App.14a-15a. The question presented is: Whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with "party coordinated communications" as defined in 11 C.F.R. § 109.37. Order of July 1, 2025: ROMAN MARTINEZ, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. Order of December 5, 2025: THE MOTION OF COURT-APPOINTED AMICUS CURIAE IN SUPPORT OF THE JUDGMENT BELOW FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF IS GRANTED.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Marc Erik Elias
Elias Law Group LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
6 cert-stage · 26 merits
(18 supporting pet./neither, 8 respondent)
Argument & decision
Argued December 9, 2025 — Noel J. Francisco · Sarah M. Harris · Roman Martinez · Marc E. Elias. Audio and transcript
Decided June 30, 2026. Opinion by Kavanaugh.
Proceedings
- Aug 03 2026Judgment Issued.
- Jun 30 2026Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
- Apr 20 2026Motion for leave to file a supplemental brief after oral argument filed intervenors GRANTED.
- Apr 07 2026Motion to file a supplemental brief after argument filed by intervenors. (Distributed)
- Dec 09 2025Argued. For petitioners: Noel J. Francisco, Washington, D. C. For respondents in support of petitioners: Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Roman Martinez, Washington, D. C. For intervenors: Marc E. Elias, Washington, D. C.
- Dec 05 2025Motion of Court-appointed amicus curiae in support of the judgment below for leave to file a supplemental brief GRANTED.
- Dec 05 2025Supplemental brief of petitioners National Republican Senatorial Committee, et al. filed.
- Dec 03 2025Reply of Court-appointed amicus curiae in support of motion to file supplemental brief filed.
- Dec 01 2025Opposition of petitioners to motion of Court-appointed amicus curiae to file a supplemental brief filed.
- Nov 24 2025Motion for leave to file supplemental brief of Court-appointed amicus curiae in support of the judgment below filed.
- Oct 29 2025Reply of respondents FEC, et al. filed. (Distributed)
- Oct 29 2025Reply of petitioners National Republican Senatorial Committee, et al. filed. (Distributed)
- Oct 27 2025Record for the United States District Court for the Southern District of Ohio is available on PACER.
- Oct 24 2025Briefs electronically received from the United States Court of Appeals for the Sixth Circuit. The entire record is available on PACER.
- Oct 22 2025Record requested from the United States Court of Appeals for the Sixth Circuit.
- Oct 22 2025CIRCULATED
- Oct 17 2025SET FOR ARGUMENT on Tuesday, December 9, 2025.
- Oct 14 2025Motion for divided argument filed by the Solicitor General GRANTED.
- Oct 14 2025Motion for divided argument filed by Court-appointed amicus curiae and intervenors GRANTED.
- Oct 06 2025Brief amicus curiae of Constitutional Accountability Center filed.
- Oct 06 2025Amicus brief of Brennan Center for Justice not accepted for filing. (To be corrected - October 08, 2025)
- Oct 06 2025Brief amicus curiae of Brennan Center for Justice filed. (Corrected)
- Oct 06 2025Brief amici curiae of District of Columbia, et al. filed.
- Oct 06 2025Brief amicus curiae of Former United States Senator Russ Feingold filed.
- Oct 06 2025Brief amicus curiae of Public Citizen filed.
- Oct 06 2025Brief amici curiae of United States Senator Sheldon Whitehouse, et al. filed.
- Oct 06 2025Motion for divided argument filed by Court-appointed amicus curiae and intervenors.
- Sep 29 2025Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
- Sep 29 2025Brief amici curiae of Campaign Legal Center, et al. filed.
- Sep 29 2025Brief of respondents Intervenors Democratic National Committee, et al. filed.
- Sep 28 2025Brief amicus curiae of Randy Elf filed.
- Sep 26 2025Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed.
- Aug 28 2025Brief amicus curiae of The Buckeye Institute filed.
- Aug 28 2025Brief amici curiae of Institute for Free Speech, et al. filed.
- Aug 28 2025Brief amicus curiae of Liberty Justice Center filed.
- Aug 28 2025Brief amicus curiae of American Center for Law and Justice filed.
- Aug 28 2025Brief amicus curiae of Cato Institute filed.
- Aug 28 2025Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Aug 28 2025Brief amici curiae of Advancing American Freedom, et al. filed.
- Aug 28 2025Brief amicus curiae of Republican Governors Association filed.
- Aug 28 2025Brief amicus curiae of America First Policy Institute filed.
- Aug 28 2025Brief amici curiae of Georgia Republican Party, Inc., et al. filed.
- Aug 28 2025Brief amici curiae of Speaker of the House of Representatives Mike Johnson, et al. filed.
- Aug 28 2025Brief amicus curiae of American Promise in support of neither party filed.
- Aug 28 2025Brief amicus curiae of Republican Party of Florida filed.
- Aug 28 2025Brief amicus curiae of Senator Mitch McConnell filed.
- Aug 28 2025Brief amicus curiae of Republican National Committee filed.
- Aug 27 2025Brief amici curiae of Ohio, et al. filed.
- Aug 21 2025Brief of petitioners National Republican Senatorial Committee, et al. filed.
- Aug 21 2025Brief of federal respondents in support of petitioners filed.
- Aug 21 2025Motion for divided argument filed by the Solicitor General.
- Aug 21 2025Joint appendix filed.
- Jul 16 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioners' brief on the merits, and respondents' brief in support on the merits is extended to and including August 21, 2025. The time to file the briefs on the merits of the Court-appointed amicus curiae in support of the judgment below and of intervenors Democratic National Committee, et al. is extended to and including September 29, 2025. (Amended – August 6, 2025.)
- Jul 09 2025Motion for an extension of time to file the briefs on the merits filed.
- Jul 01 2025Roman Martinez, Esquire, of Washington, D. C., is invited to brief and argued this case, as amicus curiae, in support of the judgment below.
- Jun 30 2025Motion for leave to intervene filed by Democratic National Committee, et al. GRANTED.
- Jun 30 2025Petition GRANTED.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 06 2025Response to motion to intervene from Federal Respondents filed. (Distributed)
- Jun 06 2025Response to motion from petitioners National Republican Senatorial Committee, et al. filed. (Distributed)
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- May 30 2025Reply of petitioners National Republican Senatorial Committee, et al. filed. (Distributed)
- May 30 2025Motion for leave to intervene filed by Democratic National Committee, et al. (Distributed)
- May 19 2025Brief of respondents Federal Respondents filed.
- May 01 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 19, 2025, for all respondents.
- Apr 30 2025Motion to extend the time to file a response from May 9, 2025 to May 19, 2025, submitted to The Clerk.
- Mar 28 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2025, for all respondents.
- Mar 27 2025Motion to extend the time to file a response from April 9, 2025 to May 9, 2025, submitted to The Clerk.
- Feb 27 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2025, for all respondents.
- Feb 26 2025Motion to extend the time to file a response from March 10, 2025 to April 9, 2025, submitted to The Clerk.
- Jan 28 2025Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2025, for all respondents.
- Jan 27 2025Motion to extend the time to file a response from February 6, 2025 to March 10, 2025, submitted to The Clerk.
- Jan 08 2025Letter of amici curiae Ohio, et al. filed.
- Jan 06 2025Brief amici curiae of Ohio, et al. filed.
- Jan 06 2025Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Jan 06 2025Brief amicus curiae of Institute for Free Speech filed.
- Jan 06 2025Brief amicus curiae of Senator Mitch McConnell filed.
- Jan 06 2025Brief amicus curiae of Republican Governors Association filed.
- Jan 06 2025Brief amicus curiae of Georgia Republican Party, Inc. filed.
- Jan 03 2025Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2025, for all respondents.
- Jan 02 2025Motion to extend the time to file a response from January 6, 2025 to February 6, 2025, submitted to The Clerk.
- Dec 04 2024Petition for a writ of certiorari filed. (Response due January 6, 2025)