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END CITIZENS UNITED PAC v. FEDERAL ELECTION COMM'N

No. 22-5277.

90 F.4th 1172 (2024)

END CITIZENS UNITED PAC, Appellant v. FEDERAL ELECTION COMMISSION AND NEW REPUBLICAN PAC, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2024.

Attorney(s) appearing for the Case

Kevin P. Hancock argued the cause for appellant. With him on the briefs were Adav Noti , Alexandra Copper , and Allison Walter . Molly Danahy entered an appearance.

Stuart C. McPhail and Adam J. Rappaport were on the brief for amicus curiae Citizens for Responsibility and Ethics in Washington in support of appellant.

Jason B. Torchinsky argued the cause for intervenor-appellee New Republican PAC. With him on the brief were Edward M. Wenger , Phillip M. Gordon , and Kenneth C. Daines .

Opinion concurring in part and dissenting in part filed by Circuit Judge Pillard.

This case concerns the Federal Election Commission's dismissal of two administrative complaints alleging that New Republican PAC and Senator Rick Scott violated various election laws. The Commission dismissed the first complaint on the ground of prosecutorial discretion, and it dismissed the second after concluding the record...

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