On May 19, the Federal Election Commission filed a brief in National Republican Senatorial Committee v Federal Election Commission, 24-3051. This is the case that challenges the federal law that limits how much money a party can spend on campaigns for its nominees if the party and the candidate coordinate with each other.

The FEC brief says the federal law is unconstitutional. Normally government attorneys defend the constitutionality of challenged laws, but in this case, both sides agree that the law should be struck down. The FEC recommends that the U.S. Supreme Court appoint an amicus curiae to defend the law.

On May 15, the U.S. Supreme Court again considered whether to hear Meadors v Erie County Board of Elections, 24-684. But it didn’t decide, and will consider it again on May 22. This is the case on New York’s May petition deadline for independent candidates. The Second Circuit had concluded that the case is moot, so now the chief issue in the case has been transformed into whether the case really was moot. Both sides in the Second Circuit (the plaintiff and also the Board of Elections) had agreed that it is not moot, because in 1969 the U.S. Supreme Court had said that constitutional ballot access cases are not moot just because the election is over.

The Supreme Court has considered this case at three of its conferences, and will do so again for a fourth time.