Legal Opinion

Libertarian Nat'l Comm., Inc. v. Fed. Election Comm'n

Court of Appeals for the D.C. Circuit

Decided May 21, 2019No. 18-5227Published

1Concurring in part, dissenting in part · GriffithGriffith, Circuit Judge

When the government restricts First Amendment freedoms, it "bears the burden of proving the constitutionality of its actions." McCutcheon v. FEC , 572 U.S. 185, 210, 134 S.Ct. 1434, 188 L.Ed.2d 468 (2014) (plurality opinion) (quoting United States v. Playboy Entm't Grp. , 529 U.S. 803, 816, 120 S.Ct. 1878, 146 L.Ed.2d 865 (2000) ). Here, the government has not justified the cromnibus amendments' two-tiered scheme for contributions to national political parties. I therefore part ways with the majority on the second and third certified questions.

The appropriate standard of review is closely…

Also in this document: Concurring in part, dissenting in part · Katsas.

2Cases cited41 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  5. Agostini v. FeltonSupreme Court of the United States · 1997

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