Wendy Wagner v. Federal Election Commission
717 F.3d 1007
D.C. Cir.2013Background
- FECA prohibits political contributions by certain federal contractors to political actors or uses.
- Appellants Wagner, Brown, and Miller hold executive-branch consulting contracts and wish to contribute to federal campaigns.
- Appellants sued the FEC seeking a declaration that FECA §441c violates the First and Fifth Amendments.
- They invoked FECA’s judicial review provision, §437h, and federal-question jurisdiction, §1331.
- The district court denied preliminary injunctive relief and later granted summary judgment for the FEC.
- The court vacated and remanded sua sponte, concluding §437h’s exclusive jurisdiction issue required clarification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §437h grants exclusive jurisdiction to en banc court | Appellants contend §437h is exclusive | FEC argues simultaneous review possible | §437h grants exclusive jurisdiction to en banc court |
| Whether §437h’s text 'may institute' creates elective review | Appellants interpret 'may' as optional | FEC argues 'may' does not create elective review | Textical and purpose-based reading shows exclusivity, not elective option |
| Whether appealing under §437h is required for constitutional FECA challenges | Appellants must use §437h route | Parties may use §1331 federally-question route | Exclusive jurisdiction under §437h for enumerated parties; §1331 route not appropriate for those parties |
| Whether McConnell supports exclusive §437h interpretation | McConnell precedent may support other reading | McConnell confirms direct review under §437h for FECA issues | McConnell supports exclusive jurisdiction under §437h |
| Whether district court erred in not certifying to en banc court | District court erred by not following §437h procedures | Procedural issues fell within §437h mandate | Remand to district court to comply with §437h procedures |
Key Cases Cited
- Bread Political Action Comm. v. FEC, 455 U.S. 577 (U.S. 1982) (expedited review of FECA questions; standing limitations clarified)
- Buckley v. Valeo, 424 U.S. 1 (U.S. 1976) (context on FECA and expedited review emphasis)
- CalMed v. FEC, 453 U.S. 182 (U.S. 1981) (discussion of FECA challenges and jurisdictional routes)
- McConnell v. FEC, 540 U.S. 93 (U.S. 2003) (direct review under §437h for FECA provisions; dicta relevant to exclusivity)