Becker v. Federal Election Commission

230 F.3d 381, 2000 U.S. App. LEXIS 27271, 2000 WL 1610592
CourtCourt of Appeals for the First Circuit
DecidedNovember 1, 2000
Docket00-2124
StatusPublished
Cited by128 cases

This text of 230 F.3d 381 (Becker v. Federal Election Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. Federal Election Commission, 230 F.3d 381, 2000 U.S. App. LEXIS 27271, 2000 WL 1610592 (1st Cir. 2000).

Opinions

LYNCH, Circuit Judge.

Presidential candidate Ralph Nader and others assert that the prohibition in the Federal Election Campaign Act on the use of corporate money “in connection with” federal elections invalidates certain Federal Election Commission regulations governing the funding of presidential debates. Those regulations permit corporations to make contributions from their general treasuries to qualified nonprofit, nonpartisan organizations staging federal candidate debates. Suit was brought in anticipation of the debates to be staged by the Commission on Presidential Debates (CPD) before the November 2000 Presidential Election. The district court dismissed Naders claims on the merits and entered judgment on September 14, 2000. Nader appealed and this court granted expedited review. We hold, contrary to the FEC, that we have Article III jurisdiction and, contrary to Nader, that the plaintiffs facial challenge to the debate regulations fails.

I.

With the 2000 presidential debates on the horizon, Nader, nominee of the Green Party, together with organizations supporting his campaign, as well as both supportive and uncommitted individual voters, brought this action on June 19, 2000 in the United States District Court for the District of Massachusetts. The plaintiffs challenge as ultra vires two FEC regulations, 11 C.F.R. §§ 110.13 and 114.4(f), which [384]*384• allow qualified nonprofit, nonpartisan organizations to accept corporate donations in staging presidential debates and allow corporations to make such donations. The plaintiffs claim that the regulations violate a provision, of the Federal Election Campaign Act, 2 U.S.C. §§ 431 et seq., which makes it unlawful for a corporation to make any “contribution or expenditure in connection with” the presidential elections. Id. § 441b(a). The Act defines “contribution or expenditure” to include “any direct or indirect payment ... or gift of money, or any services, or anything of value ... to any candidate, campaign committee, or political party or organization.” Id. § 441b(b)(2).

On June 29, the plaintiffs moved to preliminarily enjoin the FEC from implementing the challenged regulations and requested that the district court order the FEC to enforce the FECA’s prohibition on corporate contributions so as to prevent corporate sponsorship of the presidential debates. The FEC moved to dismiss for lack of jurisdiction, arguing that none of the plaintiffs could demonstrate Article III standing and that the plaintiffs had failed to exhaust their administrative remedies.

After holding oral argument on both motions on August 14, 2000, the district court on September 1 denied the FEC’s motion to dismiss, concluding that Nader and the Green Party had standing to challenge the FEC’s. debate regulations1 and that plaintiffs were entitled to review because the futility exception to the exhaustion requirement of the Administrative Procedure Act applied. The court denied plaintiffs’ motion for a preliminary injunction, however, finding no likelihood of success on the merits, on the basis that the regulations were based on a reasonable interpretation of the FEC A entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).

On September 6, the district court entered final judgment in accordance with a stipulation of the parties, and plaintiffs filed a motion for expedited review in this court, which the FEC opposed. We granted plaintiffs’ motion on September 26, 2000, ordered expedited briefing, and heard oral argument on October 5.

II.

We first address the FEC’s argument that plaintiffs have failed to exhaust their administrative remedies. Like the district court, we think the plaintiffs are not required to petition the FEC before bringing a facial challenge to the agency’s regulations. Because the FECA itself has no provisions governing judicial review of FEC regulations, the judicial review procedures of the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq., apply to a facial challenge to the FECA’s implementing regulations. See Perot v. FEC, 97 F.3d 553, 560-61 (D.C.Cir.1996); Faucher v. FEC, 743 F.Supp. 64, 68 (1990), aff'd 928 F.2d 468 (1st Cir.1991). The FEC has steadfastly maintained that these debate regulations are valid and there is no point in requiring plaintiffs to go through exhaustion. See Skubel v. Fuoroli, 113 F.3d 330, 334 (2d Cir.1997); Brown v. Secretary of HHS, 46 F.3d 102, 113-14 (1st Cir.1995).

III.

We next consider whether the plaintiffs have standing. Standing doctrine involves “a blend of constitutional requirements and prudential considerations.” Valley Forge Christian Coll. v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). The constitutional component of standing stems directly from Article Ill’s limitation of federal judicial power to deciding justiciable cases or controversies. See Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, [385]*38582 L.Ed.2d 556 (1984).2 To establish standing, it does not suffice for plaintiffs to show merely that they bring a justiciable issue before the court; they must show further that they have a sufficiently personal stake in the issue. This means that plaintiffs must show: (1) that they have suffered or are in danger of suffering some injury that is both concrete and particularized to them; (2) that this injury is fairly traceable to the allegedly illegal conduct of the defendant; and (3) that a favorable decision will likely redress the injury. See Valley Forge, 454 U.S. at 472, 102 S.Ct. 752; see also Vote Choice, Inc. v. DiStefano, 4 F.3d 26, 36 (1st Cir.1993). We first determine whether Nader has standing; we then turn to the voter plaintiffs.

A Whether Nader Has Standing

Nader argues that the FEC regulations allowing corporate sponsorship of the presidential debates have injured him by making corporate contributions available to his opponents (in the form of free television exposure during the debates) when such contributions are not available to him. Consequently, Nader has been put at a competitive disadvantage in the presidential race, and as a result he has had to alter his campaign strategy and spend more on advertising in order to compensate for this disadvantage.

The'FEC’s central counterargument is that the injuries Nader alleges are not fairly traceable to the FEC regulations he challenges. Nader’s standing theory is misplaced, the FEC contends: while it might be true that Nader’s exclusion from the debates puts him at a competitive disadvantage, Nader is not challenging his exclusion from the debates.

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Bluebook (online)
230 F.3d 381, 2000 U.S. App. LEXIS 27271, 2000 WL 1610592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-federal-election-commission-ca1-2000.