Democratic Party v. NAT. CONSERVATIVE PA COMMITTEE
Decision Date | 12 December 1983 |
Docket Number | 83-2823.,Civ. A. No. 83-2329 |
Citation | 578 F. Supp. 797 |
Parties | DEMOCRATIC PARTY OF THE UNITED STATES, and Edward Mezvinsky, Plaintiffs, v. NATIONAL CONSERVATIVE POLITICAL ACTION COMMITTEE, et al., Defendants, and Federal Election Commission, Intervenor. FEDERAL ELECTION COMMISSION, Plaintiff, v. NATIONAL CONSERVATIVE POLITICAL ACTION COMMITTEE, et al., Defendants. |
Court | U.S. District Court — Eastern District of Pennsylvania |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
Steven B. Feirson (argued), John M. Coleman, Lisa M. Scottoline, Dechert, Price & Rhoads, Philadelphia, Pa., for Democratic Party of the U.S.; Anthony S. Harrington, Gen. Counsel, Democratic Nat. Committee, Washington, D.C., of counsel.
A. Richard Gerber, Gerber, Gerber & Shields, Norristown, Pa., for Mezvinsky.
Robert R. Sparks, Jr. (argued), Sedam & Herge, McLean, Va., Harry C.J. Himes, Himes, Sanders, Bunting & Nolan, Philadelphia, Pa., for NCPAC and FCM.
Lawrence M. Noble (argued), Charles N. Steele, Richard B. Bader, Jeffrey H. Bowman, Federal Election Commission, Washington, D.C., for FEC.
Roger M. Witten (argued), William T. Lake, Deborah M. Levy, Jana B. Singer, Wilmer, Cutler & Pickering, Washington, D.C., Robert F. Stewart, Jr. Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for amicus Common Cause; Ellen G. Block, Common Cause, Washington, D.C., of counsel.
Harold N. Iselin (argued), Philip A. LaCovara, Ronald A. Stern, Hughes, Hubbard & Reed, Washington, D.C., Thomas B. Harvey, Jr., American Civil Liberties Union, Greater Philadelphia Branch, Philadelphia, Pa., for amicus American Civ. Liberties Union; Charles S. Sims, American Civil Liberties Union, New York City, Arthur B. Spitzer, American Civil Liberties Union, Fund of the National Capitol Area, Washington, D.C., of counsel.
Before BECKER, Circuit Judge,* and GREEN and GILES, District Judges.
Section 9012(f) of Title 26 of the United States Code makes it a crime for a "political committee" to expend more than $1,000 to further the election of nominated presidential or vice presidential candidates who are financing their campaigns with public funds.1 These consolidated declaratory judgment actions require us to decide whether this provision violates the first amendment guarantees of free speech and association, as recognized and interpreted by the Supreme Court in Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976), and its progeny. Briefly put, Buckley held that, while contributions to political candidates were only "proxy speech" subject to moderate constitutional protection, expenditures made on behalf of such candidates were speech fully protected by the first amendment and might be silenced only if they posed a threat of corruption or its appearance.
This is not the first time actions such as these have been brought. In Common Cause v. Schmitt, 512 F.Supp. 489 (D.D.C.1980), the District Court for the District of Columbia held section 9012(f) to be unconstitutional on its face. That decision was affirmed by an equally divided Supreme Court without opinion. 455 U.S. 129, 102 S.Ct. 1266, 71 L.Ed.2d 20 (1982). Because such affirmances have no precedential authority whatsoever, see Trans World Airlines v. Hardison, 432 U.S. 63, 73 n. 8, 97 S.Ct. 2264, 2271 n. 8, 53 L.Ed.2d 113 (1977), the issue is fairly before us. Although we are not in precise accord with the entire reasoning of our District of Columbia colleagues, we echo their ultimate conclusion: section 9012(f) is unconstitutional.
The procedural posture of these suits presents an inversion of the conventional declaratory judgment action in constitutional cases. Usually the plaintiff, needing to overcome the presumption that congressional enactments are constitutional, seeks a declaration of unconstitutionality. The plaintiffs in both of these actions, the Democratic National Committee and Edward Mezvinsky (plaintiffs in No. 83-2329) and the Federal Election Commission (plaintiff in No. 83-2823) seek a declaration that section 9012(f) is constitutional. This procedural anomaly, coupled with the apparent dormancy of section 9012(f) until the summer of 1984, when the major parties will select their presidential and vice presidential candidates, impels us to consider sua sponte whether the cases are now justiciable within Article III of the Constitution. The action brought by the Democrats and Mr. Mezvinsky, the Chairman of the Pennsylvania Democratic Committee and a voter, also presents another significant procedural problem—whether the group of statutes of which section 9012(f) is a part permits private parties to enforce its prohibitions, or whether it reserves that right exclusively to the Federal Election Commission.
Our methodology in this opinion is as follows. After briefly recounting in Part II the procedural developments in the cases, we address the issue of justiciability, including standing and ripeness, in Part III. We first conclude that 26 U.S.C. § 9011(b) permits private parties such as the Democratic National Committee to bring this declaratory judgment action before this three-judge district court. We so conclude, notwithstanding other statutes that might appear to restrict enforcement powers to the Federal Election Commission. Having found statutory standing, we then turn to the constitutionality of section 9011(b) as applied in this case. We conclude that, based on the unique circumstances of this case, section 9011(b)'s authorization of these actions does not violate the restriction of Article III on federal court jurisdiction to "cases and controversies." We further conclude in Part III that the suits brought by the Democrats and the FEC are ripe for adjudication.
Having found both suits justiciable, we then analyze in Part IV the facial constitutionality of section 9012(f), proceeding along traditional overbreadth lines as set forth in Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973). From an examination of the Fund Act, of which section 9012(f) is a part, and of the Federal Election Campaign Act (FECA), a closely related statute, we first determine the type of conduct and speech that section 9012(f) is intended to prohibit. Basing our analysis on an exposition of Buckley v. Valeo and a discussion of how subsequent decisions by the Supreme Court may have modified the holdings of that case, we then determine what speech and conduct relating to presidential campaigns Congress may not legitimately prohibit. Because Buckley and its progeny...
To continue reading
Request your trial-
Pennsylvania Alliance for Jobs and Energy v. Council of Borough of Munhall
...The Supreme Court did not hold, as a matter of law, that "burglars pose as canvassers." Cf. Democratic Party v. National Conservative Political Action Committee, 578 F.Supp. 797, 823 (E.D.Pa.1983) (three-judge court), prob. juris. noted --- U.S. ----, 104 S.Ct. 1906, 80 L.Ed.2d 455 (1984). ......
-
ADT, LLC v. Capital Connect, Inc.
...used to show public perceptions of corruption, rather than corruption in fact.”) (citing Democratic Party v. National Conservative Political Action Committee, 578 F.Supp. 797, 829 (E.D.Pa.1983), aff'd in part, rev'd in part, 470 U.S. 480, 105 S.Ct. 1459, 84 L.Ed.2d 455 (1985) ), certified q......
-
League of United Latin Am. Citizens v. Va. Ferrera
...had standing to challenge voting rules that could “diminish [its] political power”); Democratic Party of the United States v. Nat'l Conservative Political Action Comm., 578 F.Supp. 797, 810 (E.D.Pa.1983) (holding that Democratic Party had Article III standing because challenged action “redu......
-
Federal Election Commission v. National Conservative Political Action Committee Democratic Party of United States v. National Conservative Political Action Committee
...organized for economic gain that may properly be prohibited from making contributions to political candidates. P. 500. 578 F.Supp. 797 (D.C.1983) affirmed in part and reversed in Charles N. Steele, Washington, D.C., for appellant in No. 83-1032. Steven B. Feirson, Philadelphia, Pa., for app......
-
Chief Judge Edward R. Becker: a truly remarkable judge.
...Inc. v. Pa. State Univ., 752 F.2d 854 (3d Cir. 1984) Democratic Party of the United States v. Nat'l Conservative Political Action Comm., 578 F. Supp. 797 (E.D. Pa. Abraham v. Pekarski, 537 F. Supp. 858 (E.D. Pa. 1982) Zenith Radio Corp. v. Matsushita Elec. Indus. Co., 529 F. Supp. 866 (E.D.......