Common Cause v. Federal Election Commission

108 F.3d 413, 323 U.S. App. D.C. 359, 1997 WL 125762
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 11, 1997
Docket96-5160
StatusPublished
Cited by95 cases

This text of 108 F.3d 413 (Common Cause v. Federal Election Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Common Cause v. Federal Election Commission, 108 F.3d 413, 323 U.S. App. D.C. 359, 1997 WL 125762 (D.C. Cir. 1997).

Opinions

Opinion for the court filed PER CURIAM.

Concurring opinion filed by Circuit Judge SENTELLE.

PER CURIAM:

Common Cause appeals from a grant of summary judgment to the Federal Election Commission (“FEC” or “Commission”) upholding the Commission’s decision not to prosecute two alleged violations of federal election campaign law. Appellant argues that the district court applied' an improper standard of review in considering its challenge to the FEC’s decision. We decline to reach the substance of appellant’s claim because we conclude that appellant lacks Article III standing.

I. Background

In July 1990, James K. Addy, the 1988 Democratic candidate from Montana for the United States Senate,'filed an administrative complaint with the FEC following Montana’s 1988 general election for United States Senator. The complaint alleged that the National Republican Senatorial Committee (“NRSC”) and the Montana Republican Party (“MRP”) violated federal campaign election law, first, by making contributions and expenditures in excess of the legal contribution limits to the senatorial campaign of Republican candidate Conrad Bums, and, second, by failing accurately to report those contributions and expenditures. In December 1990, Common Cause filed a complaint that contained similar allegations. The Commission subsequently consolidated these two complaints. The relief requested by the complainants was an investigation of the conduct of NRSC and MRP, a declaration that such conduct was in violation of the Federal Election Campaign Act (“FECA” or “Act”), and the imposition of monetary penalties on NRSC and MRP for such violations.

On July 6, 1994, after an investigation spanning almost four years, the Office of General Counsel recommended that the Commission find probable cause to believe that NRSC and MRP had violated the contribution and expenditure limits and reporting requirements of FECA. On August 2, 1994, the Commission voted 8-2 in favor of finding probable cause on each of the proposed findings. See Joint Appendix at 289, 304. Because the Act-requires four affirmative votes to act, 2 U.S.C. § 437c(e), these motions failed. The two dissenting Commissioners then proposed finding probable cause on several lesser violations, but their motions failed by votes of 2-3. Given this deadlock, the Commission voted 6-0 to dismiss the complaints and close the matter. Both Common Cause and Addy then filed suit in district court seeking judicial review of the Commission’s decision to dismiss their complaint.

A court may not disturb a Commission decision to dismiss a complaint unless the dismissal was based on an “impermissible interpretation of the Act ... or was arbitrary or capricious, or an abuse of discretion.” Orloski v. FEC, 795 F.2d 156, 161 (D.C.Cir.1986). On considering the parties’ cross-motions for summary judgment, the district court concluded that, under our opinion in FEC v. National Republican Senatorial Comm., 966 F.2d 1471, 1476 (D.C.Cir.1992), when the Commission deadlocks and consequently dismisses a complaint, the “deeliningto-go-ahead” Commissioners are a “controlling group” for purposes of the Commission’s decision to dismiss the complaint. Dist. Ct. Op. at 4. As a result, the district court concluded that it should accord Chevron deference to the statement of reasons provided by the “declining-to-go-ahead” Commissioners. Id. Applying this standard of review, the district court granted partial summary [416]*416judgment to the FEC, remanding one reporting violation to the Commission, but upholding dismissal of the rest of the complaints. Common Cause appealed that portion of the judgment unfavorable to it.

As Addy did not appeal the decision of the district court, Common Cause alone now challenges the district court’s conclusion that deference is owed to the views of the “declining-to-go-ahead” Commissioners when reviewing a Commission decision to dismiss a complaint based on a deadlock. Surprisingly, Common Cause does not challenge the correctness of the district court’s decision to uphold the Commission’s dismissals, but only the rationale employed by the court — that is, Common Cause argues that the court should have decided the question of law de novo rather than deferring to the “deelining-to-go-ahead” Commissioners’ interpretation. Thus, if we agreed with appellant’s argument, we would remand this case to the district court for a de novo decision on a pure question of law when the case is before us for de novo review of the district court’s decision on that very question. Since this strange procedure could result in our remanding a question of law which we might well have held the district court rightly decided in the first place, thus avoiding the whole problem of remand and a possible second appeal, it is difficult to understand appellant’s strategic posture. But as we reject the entire appeal on jurisdictional grounds, we need not ponder long the odd posture of appellant’s prayer to the court.

Neither party addressed standing, either in the district court or in initial briefs to this court. Because “every federal appellate court has a special obligation to ‘satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review,’ even though the parties are prepared to concede it,” Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986) (quoting Mitchell v. Maurer, 293 U.S. 237, 244, 55 S.Ct. 162, 165, 79 L.Ed. 338 (1934)), we directed the parties to file supplemental briefs on the issue of standing. In its supplemental brief, Common Cause asserts three alternative theories of standing. First, Common Cause asserts that it has standing to sue on behalf of its members who voted in the Montana senatorial election and suffered an injury when they were denied “political information” as a result of the failure of NRSC and MRP to comply with the FECA reporting requirements. Second, Common Cause alleges that the organization itself has “informational standing.” Finally, Common Cause contends that it has standing simply because “the FEC dismissed its complaint in a manner contrary to law.”

In support of its standing arguments, Common Cause cites two cases in which we considered similar challenges the group raised concerning FEC action. Common Cause v. FEC, 906 F.2d 705 (D.C.Cir.1990) (per curiam); Common Cause v. FEC, 842 F.2d 436 (D.C.Cir.1988). Both of those cases, however, predate the Supreme Court’s decision in Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). Further, neither case “include[d] a ruling on the issue of standing,” and thus cannot be considered binding precedent on that issue. See Allen v. Wright,

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Bluebook (online)
108 F.3d 413, 323 U.S. App. D.C. 359, 1997 WL 125762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/common-cause-v-federal-election-commission-cadc-1997.