Heritage Action for America secures D.C. Circuit decision affirming dismissal of novel citizen suit under Federal Election Campaign Act

Client(s) Heritage Action for America

Jones Day successfully represented Heritage Action for America – a social-welfare organization advancing the policies of The Heritage Foundation – in an appeal of a dismissal of a citizen suit under the Federal Election Campaign Act ("FECA"). In a novel case testing FECA's reach, Jones Day argued that the plaintiff had failed to satisfy the preconditions to bring a citizen suit because previously concealed Federal Election Commission ("FEC") records revealed that the Commission had conformed with a court order requiring it to take action on an administrative complaint. The D.C. Circuit agreed, holding that the "preconditions to filing a citizen suit were not satisfied," based on a previously undisclosed FEC vote. And the Court therefore summarily affirmed the district court's dismissal of the citizen suit.

Campaign Legal Center v. Heritage Action for America, No. 23-7107 (D.C. Cir.); Campaign Legal Center v. Heritage Action for America, No. 1:22-cv-1268 (D.D.C.)