The petition of the day is:

12-311

Issue: (1) Whether the Federal Election Commission’s (“FEC”) alternate “expressly advocating” definition at 11 C.F.R. § 100.22(b) is unconstitutionally overbroad, void for vagueness, and contrary to law, facially and as applied to the petitioner's intended activities, because it violates the First and Fifth Amendments of the U.S. Constitution, exceeds statutory authority under the Federal Election Campaign Act (“FECA”), 2 U.S.C. §§ 431 et seq., and should be declared void under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-06; and (2) whether FEC’s enforcement policy regulating determination of “political committee” (“PAC”) status is unconstitutionally overbroad, void for vagueness, and contrary to law, facially and as applied to the petitioner's intended activities, because it violates the First and Fifth Amendments, exceeds statutory authority under FECA, and should be declared void under APA.

Posted in The Real Truth About Abortion v. Federal Election Commission, Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Dec. 13, 2012, 11:02 PM), http://www.scotusblog.com/2012/12/petition-of-the-day-382/