Kenneth P. Doyle
The case set for en banc argument involves a challenge to campaign contribution rules brought by a married couple, Laura Holmes and Paul Jost. They argued that having separate contribution limits for primary and general elections is unfair and unconstitutional because it advantages some candidates—often including incumbents—who face no primary challenge. Under current FEC rules, such candidates can use primary contributions to fund a general election race.
Holmes and Jost are being represented in the case by the nonprofit Center for Competitive Politics, a critic of campaign finance regulation.
Attorneys for the FEC have argued that the Supreme Court has consistently upheld the constitutionality of campaign contribution limits, including separate limits for primary and general elections. However, the D.C. Circuit panel ruling in April said it was not “frivolous” to challenge such contribution limits.