FEC’s Prosecutorial Discretion Deemed Unreviewable by D.C. Circuit, Again
In March 2020, a different panel of the D.C. Circuit – comprised of Judge Tatel, Judge Garland, and Senior Judge Edwards – decided Campaign Legal Center v. FEC, yet another case involving an FEC discretionary dismissal decision. The FEC had dismissed a group of cases concerning LLC contributions to super PACs on the basis that the legal issue was a matter of first impression with no clear guidance. In this case, the panel passed on deciding the reviewability question implicated by CHGO.
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