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Cases: Shays v. FEC I (FEC Regulations Challenge): Plaintiff Filings

Plaintiffs' Notice of Cross Appeal

On October 13, 2004 Representatives Shays and Meehan filed a notice of cross appeal to the U.S. Court of Appeals in the Shays et al. v. FEC suit appealed by the FEC.

Click here to view the document.


Plaintiffs Respond to FEC Motion to Stay

On October 5, 2004, the plaintiffs filed a response to the FEC's Motion for Stay with the District Court.

Click here to view Shays-Meehan's response.

Click here to view Charles Curtis' Declaration.

Click here to view the attachment to Curtis' Declaration


Rply in Support of Motion to Consider Exhibits

On April 14, the plaintiff submitted a reply in support of its original motion for the court to consider its exhibits, defending several challenged law review articles.

Click here to read the motion.


Memorandum in Opposition to Summary Judgment

On March 31, the plaintiff filed its memorandum in opposition to the defendant's Motion for Summary Judgment and statement of facts in dispute. The plaintiff reasserted that it has standing to challenge the FEC regulations, and that the issue of whether the FEC regulations violate BCRA is ripe for judicial review.

Click here to read the memorandum.

Click here to read the statement of facts in dispute.


Supplemental Motion Regarding Consideration of Exhibits

On March 31, the plaintiff filed their original Supplemental Motion Regarding Consideration of Exhibits 30-31 and 183-196.

Click here to read the motion.

Click here to see Exhibit 30-31.

Click here to see Exhibits 183-188.

Click here to see Exhibits 189-191.

Click here to see Exhibit 192.

Click here to see Exhibit 193.

Click here to see Exhibit 194-196.


Response to Motion to Strike Exhibits

On March 16, the plaintiff filed a memorandum in opposition to the defendant's request to strike exhibits.

Click here to see memorandum.


Representatives Shays and Meehan File Opening Brief

On February 27, 2004, the plaintiffs in Shays v. FEC, Representatives Shays and Meehan, filed their opening brief.

Click here to view the plaintiffs' brief in its entirety.


Senators McCain and Feingold File Amici Brief in Shays v. FEC

On February 27, U.S. Senators John McCain (R-AZ) and Russell Feingold (D-WI) filed an amici curiae brief with the U.S. District Court for the District of Columbia in Shays v. FEC. The Senators argued that the FEC regulations implementing the Bipartisan Campaign Reform Act of 2002 (BCRA) which are being challenged in this case unlawfully preserve parts of the soft money system and thus should be overturned. The brief aims to underscore the importance of this case to the achievement of the purposes of BCRA. The Campaign Legal Center served as counsel to Senators McCain and Feingold for this brief.

Click here to read the amici curiae brief filed by Senators McCain and Feingold.


Joint Status Report

On December 23, 2003 , the plaintiffs and defendant in Shays v. FEC filed a joint status report in compliance with U.S. District Court Judge Colleen Kollar Kotelly's September 29, 2003 order. The parties proposed differing schedules for motion practice in this case.

Click here to view the joint status report.


Reply in Support of the Motion and in Opposition to Commission's Motion to Stay

Plaintiffs' August 12, 2003 reply to the FEC's motion for a stay in the proceedings until 30 days after the Supreme Court rules in McConnell v. FEC.

Click here to view the reply in its entirety.


Motion Re Filing of Administrative Record and Further Scheduling

In this July 24 motion, the plaintiffs urge Judge Kollar-Kotelly to set a schedule for compiling an administrative record and briefing the case to begin in September, 2003.

Click here to view the motion in its entirety.


Shays, Meehan Filed Amended Complaint Against FEC Over Reform Act Regulations

On January 21, Congressmen Shays and Meehan filed an amended complaint against the FEC concerning its regulations to implement the Reform Act. To claims in the original complaint targeting the FEC's soft money regulations, the amended complaint adds counts focusing on the FEC's decision to exempt 501(c)(3) tax-exempt organizations from financing and disclosure requirements for "electioneering communciations," the Commission's narrow content standard for coordination analysis, and other aspects of the Reform Act regulations.

Click here to view the amended complaint in its entirety.


Congressional Sponsors of Soft Money Ban File Lawsuit To Halt Implementation of FEC's "Arbitrary and Capricious" Rules

Click here to view the press release by Democracy21.


Congressmen Shays' and Meehan's Press Releases on Filing Complaint Against FEC

On October 8, Congressmen Christopher Shays (R-CT) and Marty Meehan (D-MA) filed suit against the FEC to repeal the soft money regulations that the FEC adopted.

Click here to view the Representatives' press releases regarding the suit.


Shays, Meehan File Suit To Overturn FEC Soft Money Regs

On October 8, Congressmen Christopher Shays (R-CT) and Marty Meehan (D-MA), two of the principal sponsors of the Bipartisan Campaign Reform Act, filed suit in the U.S. District Court for the District of Columbia to have the soft money rules the FEC adopted to implement Title I of the Act reversed. The suit alleges that the FEC acted "arbitrarily and capriciously" in its rulemaking by opening numerous loopholes through which soft money can still be raised and spent.

Click here to view the complaint in its entirety.




FEC's Answer to Shays and Meehan Complaint Over Reform Act Regulations
Legal Center Files Amicus Brief on Behalf of the State of Washington
FEC's Petition for Rehearing

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