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McCutcheon v. Federal Election Commission

Docket No.12-536
Op. BelowD.D.C
ArgumentOct 8, 2013
Vote5-4
AuthorJohn Roberts
OpinionApr 2, 2014
TermOctober Term 2013
SCOTUS PageOpinion

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 John Roberts on Apr 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.

Issue: (1) Whether the biennial limit on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), is unconstitutional for lacking a constitutionally cognizable interest as applied to contributions to national party committees; and (2) Whether the biennial limits on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), are unconstitutional facially for lacking a constitutionally cognizable interest; and (3) Whether the biennial limits on contributions to non-candidate committees are unconstitutionally too low, as applied and facially; and (4) Whether the biennial limit on contributions to candidate committees, 2 U.S.C. 441a(a)(3)(A), is unconstitutional for lacking a constitutionally cognizable interest.

Proceedings & orders timeline

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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