Last Updated: July 7, 2015 at 6:17 PM

Wagner v. Federal Election Commission

Case Information

Date Filed: October 19, 2011
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:11-cv-01841); U.S. Court of Appeals for the D.C. Circuit (Case 13-5162)

Issue:

Whether a federal statute barring individuals who have government contracts from making political contributions is constitutional.

Status:

Complaint filed 10/19/2011. Answer filed 2/17/12. Motion for Preliminary Injunction denied 4/16/12. Plaintiffs' Motion for Summary Judgment filed 7/12/12. FEC's Motion for Summary Judgment filed 8/15/12. Memorandum and opinion issued 11/2/12. Notice of appeal filed 11/8/12. Circuit Court scheduling order filed 11/19/12. Appellant Brief filed 1/16/13. Appellee Brief filed 2/20/13. Oral Argument held 5/16/13. Opinion Per Curiam Vacating and Remanding 5/31/13. Order Holding Case in Abeyance pending McCutcheon v. FEC filed 9/11/13. Plaintiffs' Supplemental Brief filed 4/25/14. Per Curiam Opinion filed 7/7/15.

Circuit Court Documents

• Scheduling Order (filed 11/19/12)
• Appellants' Statement of Issues (filed 12/4/12)
• Stipulation to be Placed in Stand-by Pool of Cases (filed 12/6/12)
• Notice of Amici Participation Consent (filed 12/13/12)
• Joint Appendix (filed 1/16/13)
• Appellant Brief (filed 1/16/13)
• Briefing Schedule (filed 1/23/13)
• Appellee Brief (filed 2/20/13)
• Order Setting Oral Argument for May 16, 2013 (filed 2/22/13)
• Brief Amici Curiae of Campaign Legal Center et al (filed 2/27/13)
• Reply Brief for Plaintiffs-Appellants (filed 3/6/13)
• Corrected Reply Brief for Plaintiffs-Appellants (filed 3/11/13)
• Order Directing Parties to File Supplemental Briefs (filed 5/3/13)
• Plaintiffs-Appellants' Supplemental Brief (filed 5/9/13)
• FEC's Supplemental Brief (filed 5/10/13)
• Oral Argument Held (filed 5/16/13)
• Opinion Filed Per Curiam Vacating and Remanding (filed 5/31/13)
• Judgment (filed 5/31/13)
• FEC Motion to Recall and Stay Reissuance (filed 5/31/13)
• Order Filed Per Curiam Dismissing FEC Motion (filed 6/6/13)
• Scheduling Order for Oral Arguments Before the En Banc Court (filed 6/7/13)
• Amici Curiae Consent for Campaign Legal Center, Democracy 21 and Public Citizen (filed 6/18/13)
• En Banc Joint Appendix (filed 6/19/13)
• Plaintiffs' Brief (filed 7/3/13)
• Notice of Intent to File Amicus Curiae by Center for Competitive Politics and CATO Institute (filed 7/10/13)
• Brief of Amici Curiae by Center for Competitive Politics and CATO Institute (filed 7/10/13)
  • Corrected Amici Curiae (filed 7/11/13)
• Brief for the FEC (filed 8/9/13)
• Amici Curiae of Campaign Legal Center, Democracy 21, and Public Citizen (filed 8/9/13)
• Plaintiffs' Reply Brief (filed 8/23/13)
• Plaintiffs' Supplemental Brief (filed 4/25/14)
• Appellee's Letter Advising of Additional Authorities (filed 5/26/14)
• Appellant's Letter Advising of Additional Authorities (filed 5/26/14)
• Opinion (filed 7/7/15)

District Court Documents

• Complaint (filed 10/19/11)
• Declaration of Service of Process on the FEC (filed 10/27/11)
• Plaintiff's Motion to Certify Facts (filed 11/17/11)
• Defendant FEC Opposition to Plaintiff's Motion to Certify Facts (filed 12/05/11)
• Defendant's Answer to Plaintiff's Complaint for Declaratory Relief (filed 12/19/11)
• Amended Complaint (filed 1/31/12)
• Plaintiffs' Motion for Preliminary Injunction (filed 1/31/12)
• Motion to Intervene of Steve Schonberg (filed 2/14/12)
• Answer to Amended Complaint (filed 2/17/12)
• Plaintiffs' Opposition Schonberg Motion to Intervene (filed 2/20/12)
• Reply to Opposition to Motion to Intervene (filed 2/28/12)
• Order Denying Motion to Intervene (filed 3/01/12)
• Memorandum Opinion on Motion to Intervene (filed 3/01/12)
• Reply in Support of Motion For Preliminary Injunction (filed 3/12/12)
• Opinion Denying Motion for Preliminary Injunction (filed 4/16/12)
• Plaintiff's Motion for Summary Judgment (filed 7/12/12)
  • Memorandum in Support (filed 7/12/12)
  • Statement of Undisputed Material Facts (filed 7/12/12)
  • Appendix (filed 7/12/12)
  • Text of Proposed Order (filed 7/12/12)
• Plaintiffs' Notice of Additional Authority (filed 8/7/12)
• FEC's Motion for Summary Judgment (filed 8/15/12)
• FEC's Memorandum in Support of Summary Judgment and in Opposition to Plaintiff's Summary Judgment Motion (filed 8/15/12)
• Plaintiff's Motion to Strike Defendant's Statement of Material Facts (filed 8/21/12)
• Motion to Participate as Amici Curiae (filed 8/22/12)
• Plaintiff's Response to Amici Curiae Brief (filed 8/30/12)
• FEC's Opposition to Plaintiff's Motion to Strike (filed 9/7/12)
• Plaintiff's Reply in Support of Motion to Strike (filed 9/14/12)
• Order Scheduling Hearings (filed 10/26/12)
• Order Granting Defendant's Motion for Summary Judgment (filed 11/2/12)
• Memorandum and Opinion (filed 11/2/12)
• Notice of Appeal (filed 11/8/12)
• Plaintiffs Proposed Certification of Constitutional Questions and Facts (filed 6/03/13)
• FEC Constitutional Questions and Proposed Facts (filed 6/03/13)
• Plaintiffs' Response to Defendant's Proposed Facts (filed 6/03/13)
• Defendant's Reply to Plaintiffs' Proposed Facts (filed 6/04/13)
• Certification Order (filed 6/05/13)
• Order Holding Case In Abeyance Pending McCutcheon v. FEC (filed 9/11/13)