DC Circuit rejects Heritage Action’s effort to intervene in Campaign Legal Center suit against FEC

You can see the DC Circuit’s unanimous opinion in Campaign Legal Center v. Federal Election Commission, here. The introduction of the opinion:

Heritage Action for America appeals the denial of its post-judgment motion to intervene as of right, FED. R. CIV. P. 24(a), in Campaign Legal Center’s challenge to the Federal Election Commission’s failure to act on its administrative complaint. The district court found the motion was untimely because prior to judgment it became clear Heritage Action’s interests would not be protected and delay in considering the complaint would prejudice Campaign Legal to the detriment of Congress’ enforcement scheme. Heritage Action had not yet received the Commission’s response to a Freedom of Information Act request filed 41 months after the administrative complaint, but the record supports the district court’s findings upon applying the test in Cameron v. EMW Women’s Surgical Center, 142 S. Ct. 1002, 1012 (2022). Accordingly, the court affirms the denial of intervention and dismisses the merits appeal for lack of appellate jurisdiction.

Share this: