Amicus Briefs

Amicus Briefs

Featured Amicus Briefs

Citizens United v. FEC

Citizens United came about because a political organization wanted to broadcast a movie critical of then Senator Hillary Clinton and her campaign for the 2008 Democratic nomination. At the time, campaign finance regulations prohibited the movie from being broadcast, solely because Citizens United was a corporate entity. Initially, the government admitted that, under the campaign finance laws at the time, even a book could be banned if it were published by a corporation and aimed to defeat a political candidate.

In re Stephen M. Silberstein

On behalf of Senate Majority Leader Mitch McConnell, Sen. Thad Cochran, Sen. John Boozman, and Sen. Richard Shelby, CCP filed this friend-of-the-court brief opposing a petition for a Writ of Mandamus filed in the U.S. Court of Appeals for the D.C. Circuit by Stephen M. Silberstein. Mr. Silberstein sought the writ to force the Securities and Exchange Commission (SEC) to engage in a rulemaking that would mandate corporate disclosure of otherwise-immaterial contributions to political organizations and industry groups. The Senators’ brief noted that such a rulemaking would directly violate the recent omnibus appropriations bill, which should be interpreted as preventing the SEC from regulating in that area. Two days after the filing of this amicus brief, Mr. Silberstein withdrew his petition.

McCutcheon v. FEC

In this friend-of-the-court brief, CCP argues that McCutcheon presents an opportunity for the Supreme Court to clarify the standard of review for laws regulating contribution limits. Since the foundational case of Buckley v. Valeo in 1976, the Court has mandated a “rigorous standard of review,” but the application of that review has been inconsistent. Most troubling, lower courts have shown a marked deference to the pronouncements of Congress.

All Amicus Briefs