Today Judges Randolph and Henderson, with Garland not participating, held that a trial court erred in refusing to certify for en banc DC Circuit review a challenge to federal election law’s limits on how much an individual may contribute “per election.” The case has an interesting discussion of what would be so frivolous as to not require en banc certification of a challenge under the FECA, and says if there is a non-frivolous argument to overturn even Supreme Court precedent that’s good enough.

This is not good news, but I am pretty confident the en banc court will do the right thing and uphold the per election limit when the case gets reviewed there.

Had Judge Garland participated, he could well have dissented.