WAGNER v. FEDERAL ELECTION COMMISSION

No. 13-5162.

793 F.3d 1 (2015)

Wendy E. WAGNER, et al., Plaintiffs v. FEDERAL ELECTION COMMISSION, Defendant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2015.


Attorney(s) appearing for the Case

Alan B. Morrison argued the cause for plaintiffs. With him on the briefs was Arthur B. Spitzer.

Ilya Shapiro and Allen J. Dickerson were on the brief for amici curiae Center for Competitive Politics, et al. in support of plaintiffs.

Kevin Deeley , Acting Associate General Counsel, Federal Election Commission, argued the cause for defendant. With him on the briefs were Harry J. Summers , Assistant General Counsel, and Holly J. Baker and Seth E. Nesin , Attorneys.

J. Gerald Hebert , Scott L. Nelson , Fred Wertheimer , and Donald J. Simon were on the brief for amici curiae Campaign Legal Center, et al. in support of defendant.

Opinion for the Court filed by Chief Judge GARLAND.


Seventy-five years ago, Congress barred individuals and firms from making federal campaign contributions while they negotiate or perform federal contracts. The plaintiffs, who are individual government contractors, contend that this statute violates their First Amendment and equal protection rights. Because the concerns that...

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