Stop Reckless Economic Instability Caused By Democrats et al v. Federal Election Commission

Filing 76

MEMORANDUM OPINION re: cross-motions for summary judgment. Signed by District Judge Anthony J Trenga on 02/27/15. (pmil, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

STOP RECKLESS ECONOMIC INSTABILITY
CAUSED BY DEMOCRATS, el al,

Plaintiffs,

V.
FEDERAL ELECTION COMMISSION,

Defendant.

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Case No. 1:14-cv-397 (AJT/IDD)

MEMORANDUM OPINION

Presently pending are cross-motions for summary judgment with respect to plaintiffs'
constitutional challenges to certain statutory contribution limits under the Federal Election

Campaign Act ("FECA") [Doc. Nos. 56 and 57]. Specifically, plaintiffs contend that (1) the sixmonth registration period, 2 U.S.C. § 441a(a)(4), violates the First Amendment as applied to

plaintiff Stop Reckless Economic Instability Caused By Democrats ("Stop PAC"); (2) the limit
on contributions from persons to candidates, § 441a(a)(l)(A), violates the Fifth Amendment as
applied to Stop PAC; and (3) FECA's annual limits on contributions from multicandidate non-

connected political committees ("PACs"), like the Tea Party Leadership Fund (the "Fund"), to

national party committees, § 441a(a)(2)(B) ($15,000), and to state party committees,
§ 441a(a)(2)(C) ($5,000) violate the Fifth Amendment. Plaintiffs seek a declaration that these
provisions are unconstitutional and also a permanent injunction barring defendant Federal

Election Committee ("FEC") from enforcing them against plaintiffs and similarly situated

groups. For the reasons stated herein, the Court will assume, without deciding, that plaintiffs
have standing to raise their claims and that their claims are not moot, but concludes that the