CITIZENS FOR RESPONSIBILITY AND ETHICS v. FEC

No. 19-5161.

993 F.3d 880 (2021)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON and Noah Bookbinder, Appellants v. FEDERAL ELECTION COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2021.


Attorney(s) appearing for the Case

Stuart McPhail argued the cause for appellants. With him on the briefs was Adam J. Rappaport .

Paul M. Smith , Tara Malloy , and Megan P. McAllen were on the brief for amicus curiae Campaign Legal Center in support of appellants.

Haven G. Ward , Attorney, Federal Election Commission, argued the cause for appellee. With her on the brief was Kevin Deeley , Associate General Counsel.

Randy Elf, pro se, was on the brief for amicus curiae Randy Elf in support of appellee.

Dissenting opinion filed by Circuit Judge Millett.


In our system of separated powers, an agency's decision not to enforce the law is an exercise of executive discretion and therefore generally unreviewable by the courts. The Federal Election Campaign Act, however, includes an unusual provision that allows a private party to challenge a nonenforcement decision of the Federal Election...

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