Federal Election Commission Won’t Ask For Rehearing En Banc in Emily’s List Case

On October 22, the Federal Election Commission said it will not ask the U.S. Court of Appeals, D.C. Circuit, to reconsider its September 18 decision in Emily’s List v FEC, no. 08-5422. The Court had invalidated FEC regulations that impose a $5,000 limit on how much an individual may contribute to non-profit organizations that make independent expenditures for or against a candidate for federal office. It is conceivable, but not likely, that the decision could be appealed to the U.S. Supreme Court. Thanks to ElectionLawBlog for this news.

As a result of the decision, political parties are the only non-corporate organizations that may not receive more than a fixed amount of money from individuals, for the purpose of spending on independent expenditures for or against a particular federal candidate.


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