D.C. Circuit, Sitting En Banc, Upholds Federal Campaign Contribution Limits Applied to Bequests to Libertarian Party, with 3 Judges Partially Dissenting

Read the opinion in Libertarian National Committee v. FEC. Judge Tatel’s majority opinion begins:


When Joseph Shaber passed away he left over $235,000 to the Libertarian National Committee (LNC). This case is about when and how the LNC can spend that money. The LNC argues that the Federal Election
Campaign Act (FECA), which imposes limits on both donors and recipients of political contributions, violates its First Amendment rights in two ways: first, by imposing any limits on the LNC’s ability to accept Shaber’s contribution, given that he is dead; and second, by permitting donors to triple the size of their contributions, but only if the recipient party spends the money on specified categories of expenses. Scrutinizing each provision in turn, we find no constitutional defects and reject
the LNC’s challenges.

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