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.