Last Updated: January 8, 2013 at 11:14 AM

The Real Truth About Abortion, Inc. v. Federal Election Commission, et al.

Case Information

Date Filed: July 30, 2008
State: National
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00483); U.S. Circuit Court for the 4th Circuit (Case 11-1760 ); U.S. Supreme Court (Case 12-311)

Issue:

Whether an injunction should be issued regarding the FEC’s policy for implementing the “major purpose” test in federal political committee determinations.

Status:

Notice of appeal filed 7/16/11. Opinion Granting DOJ's Motion for Summary Judgment entered 6/16/11. Notice of Supplemental Authority to Motion for Summary Judgment filed 2/9/11.  Response to Notice filed by Federal Election Commission on 2/14/11. Final Order Granting the Department of Justice's FEC's Motion for Summary Judgment filed 6/16/11. Notice of appeal filed 7/16/11. Appellant files Circuit Court brief 9/19/11. Circuit Court oral arguments held 3/21/12. Opinion issued 6/12/12. Formal Mandate issued 8/6/12. Petition for cert filed 9/13/12. Brief in Opposition filed 11/13/12. Reply Brief filed 11/26/12. Order Denying Cert. Petition filed 1/7/13.

District Court Documents

• Complaint (filed 7/30/08)
  • Exhibits A, B, C
• Motion for Preliminary Injunction (filed 7/30/08)
  • Brief in Support
• FEC's Memorandum in Opposition to Motion for Preliminary Injunction (filed 8/14/08)
  • Exhibits
• DOJ's Memorandum in Opposition to Motion for Preliminary Injunction (filed 8/14/08)
• Reply in Support of Motion for Preliminary Injunction (filed 8/19/08)
• Second Motion for Preliminary Injunction (filed 8/20/08)
  • Affadavit
• FEC's Memorandum in Opposition to Motion for Preliminary Injunction (filed 9/5/08)
• DOJ's Memorandum in Opposition to Motion for Preliminary Injunction (filed 9/5/08)
• Order Denying Preliminary Injunctions (filed 9/11/08)
• Notice of Interlocutory Appeal (filed 9/12/08)
• Motion for Preliminary Injuncton Pending Appeal (filed 9/12/08)
• FEC's Memorandum in Opposition to Preliminary Injunction Pending Appeal (filed 9/19/08)
• DOJ's Memorandum in Opposition to Preliminary Injunction Pending Appeal (filed 9/19/08)
• Memorandum Opinion Denying Preliminary Injunction (entered 9/24/08)
• Answer by FEC (filed 9/29/08)
• Answer by DOJ (filed 9/29/08)
• Motion for Leave to File Amended Complaint (filed 10/10/08)
  • Amended Complaint
    • Exhibits A, B, C
• FEC's Amended Answer (filed 10/30/08)
• DOJ's Amended Answer (filed 10/30/08)
• Plaintiff’s Motion to Stay all Proceedings Pending a Decision in Citizens United v. FEC (filed 12/19/08)
• DOJ's Response to Motion to Stay Proceedings (filed 12/22/08)
• FEC's Response to Motion to Stay Proceedings (filed 12/22/08)
• Motion for Reconsideration and Clarification (filed 1/7/09)
• Motion for Rehearing En Banc (filed 1/7/09)
• Motion to Intervene as Plaintiff (filed 1/7/09)
• Order Granting Motion to Stay Proceedings (filed 1/7/09)
• Opinion of USCA Affirming District Court's Denial of Preliminary Injunction (filed 8/5/09)
• Consent Motion to Stay All Proceedings Pending a Decision in Real Truth About Obama v. FEC (S.Ct. No. 09-724) (filed 2/25/10)
• Order Granting Consent Motion (filed 3/2/10)
• Consent Motion to Stay All Proceedings Pending Resolution of Plaintiffs’ Preliminary Injunction Motion (filed 5/3/10)
• Order Granting Consent Motion (filed 5/4/10)
• Opinion of USCA on Remand from The Supreme Court of the United States (filed 6/8/10)
• Order Denying Petition for Rehearing and Rehearing En Banc (entered 8/6/10)
• Preliminary Injunction and Summary Judgment Motion (filed 9/20/10)
• Plaintiff's Brief in Support of Preliminary Injunction and Summary Judgment (filed 9/20/10)
• Defendant Federal Election Commission's Motion for Summary Judgment (filed 10/18/10)
• Defendant Federal Election Commission's Memorandum in Support of Motion for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction and Summary Judgment (filed 10/18/10)
• United States Department of Justice's Motion for Summary Judgment and Brief in Support and Opposition to Plaintiff's Motion for Preliminary Injunction and Summary Judgment (filed 10/18/10)
• Unopposed Motion of the Campaign Legal Center and Democracxy 21 for Leave to File Memorandum as Amici Curiae AND Memorandum of Campaign Legal Center and Democracy 21 as Amici Curiae in Opposition to Plaintiff's Motion for Summary Judgment and Preliminary Injunction (filed 10/18/10)
• Notice of Hearing Date for Motions for Summary Judgment and Preliminary Injunctions (filed 10/26/10)
• DOJ's Motion for Summary Judgment and Brief (filed 10/29/10)
• Plaintiff's Motion is Opposition to DOJ's Motion for Summary Judgment and Reply in Support of RTAO's Motion for Summary Judgment (filed 11/8/10)
• Plaintiff's Motion is Opposition to DOJ's Motion for Summary Judgment and Reply in Support of RTAO's Motion for Summary Judgment (filed 11/8/10)
• Reply to Response to RTAO's Motion for Preliminary Injunction (filed 11/8/10)
• Reply to Response to RTAO's Motion for Summary Judgment (filed 11/8/10)
• Amicus Curiae Memorandum by The Campaign Legal Center and Democracy in Opposition to Plaintiff (filed 11/15/10)
• Reply in Response to FEC's Motion for Summary Judgment (filed 12/6/10)
• DOJ Reply in Support of Motion for Summary Judgment (filed 12/6/10)
• Minute Entry for Proceedings on Motions for Preliminary Injunction and Summary Judgment (entered 1/24/11)
• Notice of Supplemental Authority to Motion for Summary Judgment (filed 2/9/11)
  • Supplemental Authority
• Response to Notice filed by Federal Election Commission (filed 2/14/11)
• Final Order Granting the Department of Justice's and Federal Election Commission's Motion for Summary Judgment (filed 6/16/11)
• Memorandum Opinion Granting the Department of Justice's and Federal Election Commission's Motion for Summary Judgment (filed 6/16/11)
• Notice of Appeal (filed 7/16/11)
• Appeal Transmittal Sheet (filed 7/18/11)
• Case Tentatively Calendared for Oral Argument (filed 12/30/11)

Circuit Court Documents

• Initial mediation conference scheduled (filed 8/10/11)
• Appellant's Brief (filed 9/19/11)
• Brief of Appellees FEC and US Department of Justice (filed 10/20/11)
• Brief Amicus Curiae for Campaign Legal Center and Democracy 21 in Support of Defendants-Appellees (filed 10/27/11)
• Corporate Disclosure Statement (filed 10/27/11)
• Reply Brief (filed 11/03/11)
• Oral Arguments (3/21/12)
• Corporation Name Change (filed 6/4/12)
• Opinion (filed 6/12/12)
• Notice of Judgment (Affirmed) (filed 6/12/12)
• Formal Mandate (filed 8/6/12)
• Notice of Filing of a Writ for Certiorari (filed 9/13/12)

Supreme Court Documents

• Petition for a Writ of Certiorari (filed 9/10/12)
• Brief for the Respondents in Opposition (filed 11/13/12)
• Reply to Brief in Opposition (filed 11/26/12)
• Order Denying Cert. Petition (filed 1/7/13) (see pp. 19-20)