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Federal Election Commission v. Ted Cruz for Senate

Docket No. Op. Below Argument Opinion Vote Author Term
21-12 D.D.C. Jan 19, 2022 May 16, 2022 6-3 Roberts OT 2021

Holding: Section 304 of the Bipartisan Campaign Reform Act of 2002 " which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign " unconstitutionally burdens core political speech.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on May 16, 2022. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

DateProceedings and Orders (key to color coding)
07/02/2021Statement as to jurisdiction filed. (Response due August 6, 2021)
08/05/2021Brief amicus curiae of Institute for Free Speech filed.
08/06/2021Brief amicus curiae of Campaign Legal Center filed.
08/06/2021Motion to affirm or dismiss filed by appellees Ted Cruz For Senate, et al.
08/25/2021DISTRIBUTED for Conference of 9/27/2021.
08/25/2021Opposition to motion to affirm or dismiss filed by appellant Federal Election Commission.
09/30/2021Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
11/05/2021Blanket Consent filed by Respondent, Ted Cruz For Senate, et al.
11/15/2021Brief of appellant Federal Election Commission filed.
11/15/2021Joint appendix filed. (Statement of cost filed)
11/17/2021ARGUMENT SET FOR Wednesday, January 19, 2022.
11/17/2021Record requested from the U.S.C.A. D.C. Circuit.
11/17/2021The record from the U.S.D.C. District of Columbia is electronic and located on Pacer.
11/19/2021Brief amicus curiae of Public Citizen filed.
11/22/2021Brief amicus curiae of Constitutional Accountability Center filed.
11/22/2021Brief amici curiae of Campaign Legal Center, et al. filed.
11/22/2021Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed.
12/14/2021CIRCULATED
12/15/2021Brief of appellees Ted Cruz For Senate, et al. filed. (Distributed)
12/20/2021Brief amicus curiae of Public Policy Legal Institute filed. (Distributed)
12/21/2021Brief amicus curiae of Institute for Free Speech filed. (Distributed)
12/22/2021Brief amicus curiae of Senator Mitch McConnell filed. (Distributed)
12/22/2021Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
12/22/2021Brief amici curiae of United States Senators Roy Blunt, et al. filed. (Distributed)
12/22/2021Brief amicus curiae of Protect the First Foundation filed. (Distributed)
12/22/2021Brief amicus curiae of Republican National Committee filed. (Distributed)
01/06/2022Reply of appellant Federal Election Commission filed. (Distributed)
01/19/2022Argued. For appellant: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees: Charles J. Cooper, Washington, D. C.
05/16/2022Adjudged to be AFFIRMED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-12_new_k5fm.pdf'>opinion</a> of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
06/17/2022JUDGMENT ISSUED