Cases: Shays v. FEC I (FEC Regulations Challenge): Decisions / OrdersDC Court of Appeals Asks Appellees to Respond to FEC's Petition Seeking Full Court Review of Shays I Ruling On September 2, 2005, the D. C. Court of Appeals asked Appellees Shays and Meehan to file a response to a petition for rehearing en banc filed by the Federal Election Commission. The FEC's petition asked the full U.S. Court of Appeals for the D.C. Circuit to reconsider a three-judge panel's decision in a Shays and Meehan v. FEC. To view and copy of the court of appeals order, click here.
Appeals Court Affirms Decision Striking Down FEC Rules for BCRA. On July 15, 2005, the Federal Court of Appeals for the D.C. Circuit affirmed t he district court (Kollar-Kotelly) striking down 15 of the 19 FEC regulations. The court of appeals upheld that decision "in all respects". Click here to read a copy of the amicus brief. Click here to read the Court's decision in Shays v. FEC.
Shays v. FEC Revised Briefing Schedule December 3, 2004 -- This week, the parties to the appeal agreed on an expedited briefing schedule in the Court of Appeals. T he FEC will file its opening brief on February 4, 2005. Reps. Shays and Meehan will file their brief in opposition on March 4. The Commission's reply will be due by March 25.
This expedited schedule will likely enable the case to be on the court of appeals' oral argument calendar for May 2005. Click here to view the revised briefing schedule.
Judge Kollar-Kotelly Denies FEC's Motion For A Stay Click here to view the order. Click here to view the opinion.
DC Circuit Court of Appeals Scheduling Order Click here to view the scheduling order.
District Court Judge Kollar-Kotelly Strikes Down FEC Regulations On September 18, 2004, Judge Colleen Kollar-Kotelly, a member of the three-judge panel who heard McConnell , issued her decision in Shays v. FEC , a suit brought by Congressmen Christopher Shays (R-CT) and Marty Meehan (D-MA) asking the court to reverse portions of the FEC's soft money, electioneering communications and coordination rules, arguing they depart significantly from the law's text and are "contrary to law."
The decision struck down 15 separate regulations adopted by the FEC in 2002 to implement the Reform Act and held that the FEC had repeatedly misinterpreted the Reform Act in issuing its regulations, finding that one provision "runs completely afoul" of basic law while another "severely undermines FECA [Federal Election Campaign Act]" while another regulation "would render the statute largely meaningless" and yet another regulation "no rational basis."
Click here to view the opinion.
Click here for the Legal Center's press release tying this court case to two others issued against the FEC in the past year.
Click here to read a six-page analysis produced by Democracy 21.
Click here to view Reps. Shays and Meehan press release on the court decision.
Scheduling Order for Shays v. FEC On January 7, 2004 , U.S. District Court Judge Colleen Kollar-Kotelly issued a scheduling order for Shays v. FEC . The order endorsed the briefing schedule proposed by the plaintiffs in this case. Thus, there will be simultaneous, comprehensive cross-motions for summary judgment with two rounds of briefing. Opening cross-motions for summary judgment and supporting briefs (not to exceed 90 pages in length) will be due no later than February 27, 2004 , and responsive briefs (not to exceed 60 pages in length) will be due on March 31, 2004 .
On the following day, Judge Kollar-Kotelly issued an order requiring the FEC to file the administrative record with the Court no later than January 31, 2004 .
Click here to view Judge Kollar-Kotelly's January 7 scheduling order. Click here to view Judge Kollar-Kotelly's January 8 scheduling order.
Order Granting Stay
On Sept. 29, 2003, Judge Kollar-Kotelly stayed proceedings in the case until the U.S. Supreme Court issues a ruling in McConnell v. FEC, the constitutional challenge to the Bipartisan Campaign Reform Act of 2003. When the Court's decision is announced, the parties will have 14 days in which to confer and present the judge with a joint proposal on how to proceed with the case. Click here to view the order in its entirety.
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