The High Court Report

Oral Argument: NRSC v. FEC | Camaign Finance First Amendment Fight


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NRSC v. FEC | Money, Messaging, and Muzzling: The First Amendment Fight Over Party Coordination | Argument Date: 12/9/15 | Docket Link: Here

Question Presented: Whether the First Amendment permits limits on the amount of money that the national committee of a political party may contribute to political candidates in the form of coordinated expenditures.

Overview

This oral argument involves National Republican Senatorial Committee versus Federal Election Commission, a landmark campaign finance case that could fundamentally reshape how political parties operate in federal elections, featuring the extraordinary situation where the Federal Election Commission itself now agrees with the challengers that coordinated party expenditure limits violate the First Amendment.

The case centers on limits that cap how much money party committees can spend in coordination with their candidates, creating a constitutional clash over political speech rights and anti-corruption measures. With the government switching sides post-election, the Court appointed an outside lawyer to defend the law while Democratic Party committees intervened to provide the opposition the case desperately needed.

Oral Advocates:

  • For Petitioner (NRSC): Noel J. Francisco, Washington, D.C., argued for Petitioners NRSC.
  • For Respondents in Support of Petitioners (FEC): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, argued in support of NRSC.
  • Court-Appointed Amicus Curiae in Support of the Judgment Below: Roman Martinez, Washington, D.C.
  • For Intervenor (DNC): Marc E. Elias, Washington, D.C.

Link to Opinion: TBD.

Website Link to Opinion Summary: TBD.

Website Link to Oral Argument: TBD.

Timestamps:

[00:00:00] Oral Argument Preview

[00:02:28] Oral Argument Begins

[00:02:38] Petitioner Opening Statement

[00:04:39] Petitioner Free for All Questions

[00:18:19] Petitioner Round Robin Questions

[00:48:54] United States in Support of Petitioner Opening Statement

[00:50:08] United States Free for All Questions

[01:05:22] United States Round Robin Questions

[01:19:53] Court Appointed Amicus Curiae Opening Statement

[01:22:17] Court Appointed Amicus Curiae Free for All Questions

[01:38:08] Court Appointed Amicus Curiae Round Robin Questions

[01:44:55] DNC As Intervenors Opening Statement

[01:46:17] DNC As Intervenors Free for All Questions

[02:00:05] DNC As Intervenor Round Robin Questions

[02:09:51] Petitioner Rebuttal

...more
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