October 22, 2009

Breaking News: FEC Will Not Seek Rehearing En Banc in Emily's List Case

See this press release.
If the commissioners release any statements about the decision, I'll link.

Note that this decision does not preclude filing a cert. petition in this case. And, from the discussion on the election law listserv, there is a question whether the SG can seek rehearing en banc even if the FEC votes not to proceed. I think there was consensus that the SG can file a cert petition even if the FEC votes not to proceed. Not that I'm advising such a course of action.

UPDATE: You can read the very strong statement opposing rehearing en banc from the Republican commissioners here. You can find the more muted statement of Commissioners Bauerly and Weintraub here. The latter reveals the vote being 3-3. Chair Walther, as has been a common practice, has voted with the Democratic commissioners but not signed on to their statement of reasons. (His web page alone lacks a section on statements and speeches.) SECOND UPDATE: Walther's separate statement is here.

The Republican commissioners' statement really is a must read for FEC watchers. It is clear that these commissioners fully agree with Judge Kavanaugh's constitutional views in the Emily's List case, and this will have profound effects on rulemakings and adjudications going forward at the FEC.

MORE from Roll Call.

Fred Wertheimer comments.

STILL MORE: Politico: "The White House did not respond to requests for comment on whether it would support an appeal."

Posted by Rick Hasen at October 22, 2009 11:57 AM