SCOTUS Rejects FEC Argument Against Sen. Cruz; Court Denies Eviction Moratorium Taking Claim

SCOTUS Rejects FEC Argument Against Sen. Cruz’s Standing to Sue

In a 6-3 ruling, the Supreme Court has invalidated a provision of federal campaign finance law limiting the amount of money a candidate can be repaid for personal loans made to their campaign. NCLA filed an amicus brief in support of Senator Ted Cruz’s challenge to Section 304 of the Bipartisan Campaign Reform Act of 2002, which unconstitutionally burdens core political speech. Senator Cruz also raised challenges to the Federal Election Commission’s (FEC) implementing regulation. In the amicus brief, NCLA argued, and the Court agreed, that the FEC’s proposed heightened standing standard, if adopted, would severely restrict the ability to challenge unlawful government action. Mark interviews NCLA Litigation Counsel Sheng Li about our amicus victory in FEC v. Cruz.

Court Denies Covid Eviction Moratorium Taking Claim

Thirty-eight landlords and rental property owners filed suit in the U.S. Court of Federal Claims, asserting that the nationwide residential eviction moratorium effected either a compensable taking or an illegal exaction under the Fifth Amendment. The plaintiffs argued in Darby Development Company v. U.S. that the government forced them to continue housing non-rent-paying tenants rather than replace them with rent-paying tenants and subjected them to significant fines and imprisonment if they pursued otherwise lawful evictions. The Court granted the defendant’s motion to dismiss. Vec bemoans the Court’s decision.