McCutcheon v. Federal Election Commission
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-536 | D.D.C |
Oct 8, 2013 Tr.Aud. |
Apr 2, 2014 | 5-4 | Roberts | OT 2013 |
Holding: Because aggregate limits restricting how much money a donor may contribute to candidates for federal office, political parties, and political action committees do not further the government’s interest in preventing quid pro quo corruption or the appearance of such corruption, while at the same time seriously restricting participation in the democratic process, they are invalid under the First Amendment.
Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on April 2, 2014. Justice Thomas filed an opinion concurring in the judgment. Justice Breyer filed a dissenting opinion in which Justice Ginsburg, Justice Sotomayor and Justice Kagan joined.
SCOTUSblog Coverage
- Senate Judiciary Committee holds hearing on proposed campaign finance amendment (Amy Howe)
- Legal scholarship highlight: How should the Court assess the workings of the other institutions of government? (Richard Pildes)
- Justice Stevens goes to the Senate (Amy Howe)
- Symposium: McCutcheon and the future of campaign finance regulation (Jan Baran)
- Symposium: The Supreme Court and the McCutcheon decision (Fred Wertheimer)
- Symposium: McCutcheon opens the door to massive party contributions, but four Justices continue to push back forcefully (Paul Smith)
- Symposium: Welcome to Oligarchs United (Burt Neuborne)
- Symposium: The First Amendment’s protection of political speech extends to both donations and spending (Ilya Shapiro)
- Symposium: Does the Chief Justice not understand politics, or does he understand it all too well? (Richard Hasen)
- Foreword: It’s all forward now (Ronald Collins and David Skover)
- Divided Court strikes down campaign contribution caps: In Plain English (Amy Howe)
- Opinion analysis: Freeing more political money (Lyle Denniston)
- A civil day on the bench for opinions on the impolite world of campaign finance (Mark Walsh)
- The ACLU & the McCutcheon case (Ronald Collins)
- Book excerpt: Before McCutcheon – The ACLU position in the early years (Ronald Collins)
- The Chief Justice looks for a compromise on contribution caps? This morning's argument in Plain English (Amy Howe)
- Argument recap: How is political influence bought? (Lyle Denniston)
- Court returns to campaign finance reform: Tomorrow's oral argument in Plain English (Amy Howe)
- Argument preview: Campaign finance -- again (Lyle Denniston)
- Symposium: Voters and contributors (Tamara Piety)
- Symposium: Aggregate limits and the fight over frame (Justin Levitt)
- Symposium: McCutcheon v. FEC and the fork in the road (Joel Gora)
- Originalism: It’s not just for conservatives anymore (Adam Winkler)
- Burning the house to roast the pig: Can elections be saved by banning political speech? (Bob Corn-Revere)
- Symposium: The distinction between contribution limits and expenditure limits (Erwin Chemerinsky)
- Symposium: McCutcheon v. Federal Election Commission (Ronald Collins and David Skover)
- Symposium announcement (Ronald Collins)
- GOP seeks more donor freedom (Lyle Denniston)
- Campaign donation issue reopened (Lyle Denniston)
| Date | Proceedings and Orders |
|---|---|
| Oct 26 2012 | Statement as to jurisdiction filed. (Response due December 3, 2012) |
| Nov 14 2012 | Order extending time to file response to petition to and including January 2, 2013. |
| Jan 2 2013 | Motion to dismiss or affirm filed by appellee Federal Election Commission. |
| Jan 14 2013 | Opposition to motion to dismiss or affirm of appellants Shaun McCutcheon, et al., Appellants filed. (Distributed) |
| Jan 16 2013 | DISTRIBUTED for Conference of February 15, 2013. |
| Feb 19 2013 | PROBABLE JURISDICTION NOTED. |
| Mar 1 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Solicitor General. |
| Mar 7 2013 | The time to file the joint appendix and appellants' brief on the merits is extended to and including May 6, 2013. |
| Mar 11 2013 | Motion to dispense with printing the joint appendix filed by appellants Shaun McCutcheon, et al., Appellants. |
| Apr 1 2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Apr 22 2013 | The time to file appellee's brief on the merits is extended to and including July 18, 2013. |
| May 6 2013 | Brief of appellant Republican National Committee filed. |
| May 6 2013 | Brief of appellant Shaun McCutcheon |
| May 8 2013 | Brief amicus curiae of American Civil Rights Union filed. |
| May 10 2013 | Brief amici curiae of National Republican Senatorial Committee and National Republican Congressional Committee filed. |
| May 13 2013 | Brief amici curiae of Downsize DC Foundation, et al. filed. |
| May 13 2013 | Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. |
| May 13 2013 | Brief amicus curiae of Senator Mitch McConnell filed. |
| May 13 2013 | Brief amicus curiae of Cato Institute filed. |
| May 13 2013 | Brief amicus curiae of Center for Competitive Politics filed. |
| May 13 2013 | Brief amicus curiae of Committee for Justice filed. |
| May 13 2013 | Brief amicus curiae of Institute for Justice filed. |
| May 13 2013 | Brief amici curiae of Tea Party Leadership Fund, et al. filed. |
| May 13 2013 | Brief amicus curiae of Cause of Action Institute filed. |
| May 13 2013 | Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression and the Media Institute filed. |
| Jul 18 2013 | Brief of appellee Federal Election Commission filed. |
| Jul 22 2013 | CIRCULATED. |
| Jul 23 2013 | SET FOR ARGUMENT on Tuesday, October 8, 2013. |
| Jul 24 2013 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed) |
| Jul 24 2013 | Brief amicus curiae of Americans for Campaign Reform filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of Representatives Chris Van Hollen and David Price filed. (Distributed) |
| Jul 25 2013 | Brief amicus curiae of Professor Lawrence Lessig filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of Democratic Members of the United States House of Representatives filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed) |
| Jul 25 2013 | Motion of Senator Mitch McConnell for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jul 25 2013 | Brief amici curiae of Communications Workers of America, et al. filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| Aug 5 2013 | Record from U.S.D.C. for the District of Columbia is electronic and located on PACER. |
| Aug 16 2013 | Reply of appellant Republican National Committee filed. (Distributed) |
| Aug 19 2013 | Reply of appellant Shaun McCutcheon filed. (Distributed) |
| Aug 30 2013 | Motion of Senator Mitch McConnell for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 8 2013 | Argued. For appellants: Erin E. Murphy, Washington, D. C.; and Bobby R. Burchfield, Washington, D. C. (for Senator Mitch McConnell, as amicus curiae.) For appellee: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| Apr 2 2014 | Judgment REVERSED and case REMANDED. Roberts, C. J., announced the judgment of the Court and delivered an opinion, in which Scalia, Kennedy, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| May 5 2014 | JUDGMENT ISSUED |
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