Wagner, et al. v. Federal Election Commission, No. 12-5365 (D.C. Cir. 2013)Annotate this Case
Three federal contractors sought a declaration that 2 U.S.C. 441c abridged their freedom of speech guaranteed by the First Amendment and denied them the equal protection of the laws in violation of the Fifth Amendment. FECA prohibited any "person" contracting with the federal government from contributing to "any political party, committee, or candidate for public office or to any person for any political purpose or use" in a federal election. The court sua sponte vacated and remanded to the district court to comply with immediate procedures set forth in section 437h, concluding that FECA's judicial review provision ousted both the district court and the court's jurisdiction to consider the merits of the claims.