EMILY's List v. Fed. Elections Comm'n., No. 08-5422

In a First Amendment challenge to Federal Elections Commission (FEC) regulations limiting how much non-profit organizations engaged in political activities could raise and spend, summary judgment for defendant-FEC is reversed where: 1) the regulations were not "closely drawn" to serve a cognizable anticorruption interest; and 2) the FEC lacked authority under the Federal Election Campaign Act to presume that any public communications that merely "refer" to a federal candidate necessarily seek to influence a federal election.

Read EMILY's List v. Fed. Elections Comm'n., No. 08-5422

Appellate Information

Argued May 4, 2009

Decided September 18, 2009

Judges

Opinion by Judge Kavanaugh

Counsel

For Appellant:

Robert F. Bauer, Perkins Coie, Washington, DC

Ezra W. Reese, Perkins Coie, Washington, DC

For Appellee:

David Kolker, Associate General Counsel, Federal Election Commission, Washington, DC

Thomasenia P. Duncan, Federal Election Commission, Washington, DC