Senior Judge Calls Out FEC for Changing Arguments ‘In Its Own Self-Interest’


In a per curiam opinion Friday, the panel upheld a district court ruling that granted the FEC summary judgment in a lawsuit from the nonprofits Campaign Legal Center and Democracy 21, finding the reasons commissioners gave for throwing out complaints of campaign finance violations were reasonable. In a concurring opinion, Senior Judge Harry Edwards of the U.S. Court of Appeal for the D.C. Circuit said he agreed with the panel’s finding, but that he wrote separately to “express my concerns over the position taken by the Federal Election Commission suggesting that the matter before this court is not subject to judicial review.”

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