Freedom Republicans, Inc. v. Federal Election Com'n
| Decision Date | 11 April 1994 |
| Docket Number | No. 92-5214,92-5214 |
| Citation | 13 F.3d 412 |
| Parties | , 62 USLW 2476 The FREEDOM REPUBLICANS, INC., et al. v. FEDERAL ELECTION COMMISSION, Appellant. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Richard B. Bader, Associate Gen. Counsel, Federal Election Com'n, Washington, DC, argued the cause for appellant. With him on the briefs were Lawrence M. Noble, Gen. Counsel and Vivien Clair, Atty., Federal Election Com'n Frederic R. Kellogg, Washington, DC, argued the cause for appellees. With him on the brief was George M. Chuzi.
Mark D. Hopson, Peter D. Keisler and Michael A. Hess, Washington, DC, were on the brief for amicus curiae Republican Nat. Committee.
Before: WALD, BUCKLEY and GINSBURG, Circuit Judges.
Opinion for the Court filed by Circuit Judge WALD.
The Freedom Republicans, Inc., "a black-led, multiracial, independent organization of Republicans," see Freedom Republicans, TOWARD A PARTY OF EQUAL OPPORTUNITY (1991), reprinted in Joint Appendix ("J.A.") at 30, filed a complaint in district court against the Federal Election Commission ("FEC" or "Commission") to enjoin the Commission's funding of the Republican National Convention under the Presidential Election Campaign Fund Act of 1974, 26 U.S.C. Secs. 9001-9013. Freedom Republicans alleged that the Republican Party's delegate-selection processes and system of minority "auxiliaries" combine to discriminate against minority groups, and that the FEC's continued funding of party activities therefore violates Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d. The district court granted partial summary judgment for Freedom Republicans, ordering the FEC to "promulgate regulations under Title VI of the Civil Rights Act of 1964 governing the selection of delegates to the publicly-funded national party nominating conventions." Freedom Republicans, Inc. v. Federal Election Commission, 788 F.Supp. 600 (D.D.C.1992) (as amended May 4, 1992). The FEC appealed. Because we conclude that Freedom Republicans lacked standing to advance its claims below, we vacate that order and remand with instructions to dismiss Freedom Republicans' complaint.
Since 1916, the Republican Party has employed variations of a "bonus delegate" system for allocating the number of delegates each state sends to the national nominating convention. Under the current bonus system, each state receives a base number of delegates equal to three times its electoral college vote. See J.A. at 56. Then, regardless of population, states electing Republican presidents, senators, or governors or sending a predominantly Republican delegation to the House of Representatives receive bonus delegates. See id. 1 As a result of this system, traditional Republican stronghold states that are more likely to support Republicans in the general election are given a greater say in the nomination of the President than are states that consistently fall in the Democratic camp. See Brief of Amicus Curiae Republican National Committee at 10; Freedom Republicans, TOWARD A PARTY OF EQUAL OPPORTUNITY (1991), reprinted in J.A. 29-92, at 55.
Freedom Republicans, Inc. is a nonprofit organization founded in 1979 for the purpose of "maintaining the historic commitment of the Republican Party to the advancement of Americans of African descent, and ... developing a genuinely representative organization for the Party without regard to race color, or national origin...." See Admin. Complaint, Dec. 12, 1991, reprinted in J.A. at 22. In connection with this mission, Freedom Republicans has approached the Republican National Committee on several occasions with proposals to change the "bonus delegate" system to a system based strictly on the electoral college. See, e.g., id. at 22; Freedom Republicans, TOWARD A PARTY OF EQUAL OPPORTUNITY (1991), reprinted in J.A. 29-92, at 36. Freedom Republicans contends that the "bonus delegate" system results in decreased representation for the states in which minority groups are disproportionately settled, and that the provision of nonvoting minority "auxiliaries" at the convention provides cold comfort, stigmatizing the groups involved. See J.A. at 38, 52. Although the Republican National Committee responded to Freedom Republicans' 1984 presentation by creating a subcommittee to assess the impact of the delegate-allocation mechanism on minority participation, the subcommittee ultimately rejected the proposed electoral college formula in its June 1986 Final Report. See J.A. at 23; Brief of Amicus Curiae Republican National Committee at 11. The Republican National Committee has since rebuffed later initiatives on similar lines by Freedom Republicans. See, e.g., Letter from Michael W. Grebe, Chairman of Standing Committee on Rules of the Republican National Committee, to Freedom Republicans (June 14, 1991), reprinted in J.A. at 28.
Frustrated in its effort to achieve change from within, Freedom Republicans pursued other channels. On December 12, 1991, Freedom Republicans sent an administrative complaint to the FEC urging the Commission to terminate funding of the Republican National Convention in view of the party's allegedly discriminatory practices of selecting delegates and maintaining nonvoting minority "auxiliaries." Freedom Republicans staked its claim on Sec. 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d, which prohibits discrimination on the basis of race, color, or national origin by any programs or activities receiving federal financial assistance. The FEC is charged with administering convention funding under Sec. 9008 of the Presidential Election Campaign Fund Act, 26 U.S.C. Secs. 9001-13. 2 Freedom Republicans contended that the Commission provides federal financial assistance, and that the convention was therefore a "program[ ] or activit[y] receiving federal financial assistance," within the meaning of Title VI. Observing that "[a]t the very least, operation of Title VI would require that the FEC adopt implementing regulations," J.A. at 24, Freedom Republicans requested that the FEC "withdraw, suspend and terminate, and refuse to grant and continue, Federal financial assistance to the Committee on Arrangements for the 1992 Republican National Convention." J.A. at 27.
The FEC dismissed Freedom Republicans' complaint on the grounds that it did "not state any acts which appear to constitute a violation under our jurisdiction." Letter from Lawrence M. Noble, General Counsel, FEC, to Freedom Republicans (Dec. 23, 1991), reprinted in J.A. at 93. The FEC apparently premised its decision on the perception that its jurisdiction did not extend beyond consideration of compliance with the federal election laws. The Commission did, however, forward Freedom Republicans' complaint to the U.S. Department of Justice, which took no action.
In January 1992, Freedom Republicans and its President, Lugenia Gordon, brought their cause to the courts, filing a two-count complaint in district court against the FEC. See J.A. at 94-106. Count one alleged that the FEC was in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d, for failure to adopt implementing regulations and to accept jurisdiction over Freedom Republicans' administrative complaint. Count two averred that the Republican Party, by employing its delegate-selection process and maintaining auxiliaries drawn on racial lines, was in violation of Title VI for providing disparate treatment to blacks and other minorities. Freedom Republicans sought an injunction ordering the FEC to promulgate regulations implementing Title VI, to accept jurisdiction over its complaint, and to terminate convention funding to the Republican Party until such time as the Party complied with the anti-discrimination imperative of Title VI.
On February 18, 1992, Freedom Republicans moved for partial summary judgment on count one of its complaint, asking the court to remand to the Commission for rulemaking under Title VI. The court granted this motion on April 7, 1992, directing the FEC to "begin rulemaking proceedings designed to consider the means through which the FEC will ensure compliance with Title VI" and dismissing the case from its docket. J.A. at 19. On April 17, 1992, the FEC filed a motion to amend the district court's judgment, seeking clarification of "whether the Commission is directed specifically to promulgate Title VI regulations governing political parties' selection of delegates to their convention." Memorandum in Support of Motion to Alter or Amend, Apr. 17, 1992, at 1. The district court granted this motion on May 4, 1992, ordering the FEC specifically to "promulgate regulations under Title VI of the Civil Rights Act of 1964 governing the selection of delegates to the publicly-funded national party nominating conventions." J.A. at 20. The FEC filed a timely appeal with this court.
Compliance with the mandates of Article III is an essential prerequisite to the exercise of federal jurisdiction. We need not venture beyond the threshold question of standing in order to decide this case. As an organization, Freedom Republicans has standing to bring suit in its members' stead only if: "(a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization's purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit." Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333, 343, 97 S.Ct. 2434, 2441, 53 L.Ed.2d 383 (1977); see also Competitive Enterprise Inst. v. NHTSA, 901 F.2d 107, 111 (D.C.Cir.1990). We find Freedom Republicans to be deficient on the first score.
To satisfy Hunt, the members of Freedom Republicans must...
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