D.C. Circuit, in 2-1 Votes, Makes It Much Harder to Challenge Decisions by Republican FEC Commissioners Not to Enforce Federal Campaign Finance Laws

This opinion by Senior Judge Randolph, joined by Judge Kavanaugh is most unfortunate. As Judge Pillard suggests in her dissent, the opinion insulates FEC Commissioners’  refusal to enforce certain campaign finance laws from judicial review under the guise of “prosecutorial discretion.”

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