New Brief in the Case that Could End Super PACs

On Wednesday night, we filed our brief responding to the Federal Election Commission’s motion to dismiss in Lieu v. FEC, the case that could end super PACs.

As explained in more detail here, we filed this lawsuit on behalf of a bipartisan coalition of Members of Congress and 2016 congressional candidates. The lawsuit, filed in federal district court in Washington, D.C., seeks the reversal of the 2010 federal appeals court ruling in SpeechNow.org v. FEC, which created super PACs. Representative Ted Lieu (D-CA-33), Representative Walter Jones (R-NC-3), and Senator Jeff Merkley (D-OR) are the lead plaintiffs in the litigation.

Our lawsuit challenges the FEC’s failure to enforce existing federal law that limits contributions to super PACs. The FEC hasn’t enforced this law since the SpeechNow decision. As explained here, the SpeechNow decision was wrongly decided, but the government didn’t appeal it back in 2010, and the Supreme Court has never had the chance to consider the issue. The goal of our lawsuit is to give the Supreme Court that opportunity.

After some initial procedural skirmishes, we are now addressing the main issues in the case—principally, whether the Constitution requires that we allow wealthy donors to make unlimited contributions to super PACs. Of course, this case is not intended for final resolution in the trial court. It’s aimed squarely at the U.S. Supreme Court.

Click here to read our brief.

Click here for more information on Lieu v. Federal Election Commission.

Click here for more information on our challenges to super PACs.

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