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

Petition for certiorari denied on January 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-311 4th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Federal Election Commission’s (“FEC”) alternate “expressly advocating” definition at 11 C.F.R. § 100.22(b) is unconstitutionally overbroad, void for vagueness, and contrary to law, facially and as applied to the petitioner's intended activities, because it violates the First and Fifth Amendments of the U.S. Constitution, exceeds statutory authority under the Federal Election Campaign Act (“FECA”), 2 U.S.C. §§ 431 et seq., and should be declared void under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-06; and (2) whether FEC’s enforcement policy regulating determination of “political committee” (“PAC”) status is unconstitutionally overbroad, void for vagueness, and contrary to law, facially and as applied to the petitioner's intended activities, because it violates the First and Fifth Amendments, exceeds statutory authority under FECA, and should be declared void under APA.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 10 2012Petition for a writ of certiorari filed. (Response due October 12, 2012)
Oct 11 2012Order extending time to file response to petition to and including November 13, 2012.
Nov 13 2012Brief of respondents Federal Election Commission, et al. in opposition filed.
Nov 26 2012Reply of petitioner The Real Truth About Abortion, Inc. filed.
Nov 28 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
 
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