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Federal Election Commission v. Ted Cruz for Senate

Docket No.21-12
Op. BelowD.D.C.
ArgumentJan 19, 2022

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 John Roberts on May 16, 2022. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

Proceedings & orders timeline

Jul 2, 2021
Statement as to jurisdiction filed. (Response due August 6, 2021)
Aug 5, 2021
Brief amicus curiae of Institute for Free Speech filed.
Aug 6, 2021
Brief amicus curiae of Campaign Legal Center filed.
Aug 6, 2021
Motion to affirm or dismiss filed by appellees Ted Cruz For Senate, et al.
Aug 25, 2021
DISTRIBUTED for Conference of 9/27/2021.
Aug 25, 2021
Opposition to motion to affirm or dismiss filed by appellant Federal Election Commission.
Sep 30, 2021
Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
Nov 5, 2021
Blanket Consent filed by Respondent, Ted Cruz For Senate, et al.
Nov 15, 2021
Brief of appellant Federal Election Commission filed.
Nov 15, 2021
Joint appendix filed. (Statement of cost filed)
Nov 17, 2021
ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17, 2021
Record requested from the U.S.C.A. D.C. Circuit.
Nov 17, 2021
The record from the U.S.D.C. District of Columbia is electronic and located on Pacer.
Nov 19, 2021
Brief amicus curiae of Public Citizen filed.
Nov 22, 2021
Brief amicus curiae of Constitutional Accountability Center filed.
Nov 22, 2021
Brief amici curiae of Campaign Legal Center, et al. filed.
Nov 22, 2021
Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed.
Dec 14, 2021
CIRCULATED
Dec 15, 2021
Brief of appellees Ted Cruz For Senate, et al. filed. (Distributed)
Dec 20, 2021
Brief amicus curiae of Public Policy Legal Institute filed. (Distributed)
Dec 21, 2021
Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Dec 22, 2021
Brief amicus curiae of Senator Mitch McConnell filed. (Distributed)
Dec 22, 2021
Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Dec 22, 2021
Brief amici curiae of United States Senators Roy Blunt, et al. filed. (Distributed)
Dec 22, 2021
Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Dec 22, 2021
Brief amicus curiae of Republican National Committee filed. (Distributed)
Jan 6, 2022
Reply of appellant Federal Election Commission filed. (Distributed)
Jan 19, 2022
Argued. For appellant: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees: Charles J. Cooper, Washington, D. C.
May 16, 2022
Adjudged 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, 2022
JUDGMENT ISSUED

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