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Federal Election Commission v. Ted Cruz for Senate

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Docket No. Op. Below Argument Opinion Vote Author Term
21-12 D.D.C. Jan 19, 2022 May 16, 2022 6-3 Roberts OT 2021

Holding: Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign — unconstitutionally burdens core political speech.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on May 16, 2022. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 02 2021Statement as to jurisdiction filed. (Response due August 6, 2021)
Aug 05 2021Brief amicus curiae of Institute for Free Speech filed.
Aug 06 2021Brief amicus curiae of Campaign Legal Center filed.
Aug 06 2021Motion to affirm or dismiss filed by appellees Ted Cruz For Senate, et al.
Aug 25 2021DISTRIBUTED for Conference of 9/27/2021.
Aug 25 2021Opposition to motion to affirm or dismiss filed by appellant Federal Election Commission.
Sep 30 2021Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
Nov 05 2021Blanket Consent filed by Respondent, Ted Cruz For Senate, et al.
Nov 15 2021Brief of appellant Federal Election Commission filed.
Nov 15 2021Joint appendix filed. (Statement of cost filed)
Nov 17 2021ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17 2021Record requested from the U.S.C.A. D.C. Circuit.
Nov 17 2021The record from the U.S.D.C. District of Columbia is electronic and located on Pacer.
Nov 19 2021Brief amicus curiae of Public Citizen filed.
Nov 22 2021Brief amicus curiae of Constitutional Accountability Center filed.
Nov 22 2021Brief amici curiae of Campaign Legal Center, et al. filed.
Nov 22 2021Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed.
Dec 14 2021CIRCULATED
Dec 15 2021Brief of appellees Ted Cruz For Senate, et al. filed. (Distributed)
Dec 20 2021Brief amicus curiae of Public Policy Legal Institute filed. (Distributed)
Dec 21 2021Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Dec 22 2021Brief amicus curiae of Senator Mitch McConnell filed. (Distributed)
Dec 22 2021Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Dec 22 2021Brief amici curiae of United States Senators Roy Blunt, et al. filed. (Distributed)
Dec 22 2021Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Dec 22 2021Brief amicus curiae of Republican National Committee filed. (Distributed)
Jan 06 2022Reply of appellant Federal Election Commission filed. (Distributed)
Jan 19 2022Argued. For appellant: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees: Charles J. Cooper, Washington, D. C.
May 16 2022Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
Jun 17 2022JUDGMENT ISSUED