Court denies preliminary injunction in DCCC v. FEC (24-2935)

On November 1, 2024, the United States District Court for the District of Columbia denied the DCCC's request to consolidate its motion for a preliminary injunction with trial on the merits and denied the DCCC's motion for preliminary injunction.

The DCCC had filed suit on October 17, 2024, seeking declaratory judgment and injunctive relief against the Commission for alleged violations of the Administrative Procedure Act. The pending motion sought to vacate a letter issued by the Commission on October 10, 2024, stating that it was unable to render an advisory opinionconcerning the application of Commission regulations to proposed television advertisements to be run by joint fundraising committeesthat primarily advocate a candidate's election but also contain a brief fundraising solicitation.

The court noted that it is unclear that vacating the October 10 letter would have any legal effect at all, let alone any effect that might prevent or redress the plaintiff's asserted injuries, because an order vacating that letter would not give the DCCC a safe harbor, nor would it prevent others from airing the ads at issue. The court stated that the plaintiff failed to meet the requirements necessary for issuing a preliminary injunction, and as such, the court must deny the motion.

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