Debevoise and the Brennan Center File Amicus Brief Asking D.C. Circuit to Expand Judicial Review for FEC’s Enforcement Decision

26 November 2024

Debevoise & Plimpton LLP, on behalf of the Brennan Center for Justice and prominent election law scholars, has filed an amicus curiae brief in support of an effort to have the en banc D.C. Circuit reverse recent precedents limiting judicial review of Federal Election Commission’s (FEC) enforcement decisions.The recent decisions, contrary to the text of the Federal Election Campaign Act and prior court precedents, have ruled that courts cannot review deadlocked enforcement decisions by the FEC if the bloc of commissioners who opposed enforcement cited “prosecutorial discretion” anywhere in their reasoning. For more information, please see the Brennan Center’s press release.

The Debevoise team includes retired partner Gary Kubek and associates Anu Chugh, Gabriel Kohan and Sara Neier.