Unity08 v. FEC
On January 10, 2007, Unity08, a self-described “nascent political party,” brought suit in the U.S. District Court for the District of Columbia challenging a FEC advisory opinion finding that it was a “political committee” under FECA even though it had not yet nominated its presidential and vice-presidential candidates. In March 2010, the U.S. Court of Appeals for the D.C. Circuit held that that Unity08 was not subject to regulation as a political committee unless and until it selected a “clearly identified” candidate. The court of appeals decision reversed district ruling in favor of the FEC in October 2008, upholding the FEC’s determination that plaintiff Unity08 was a “political committee.”
The Legal Center, with Democracy 21, filed amici briefs in both the district court and the D.C. Circuit defending the FEC’s advisory opinion.