Friday, August 2, 2013

No Standing for Nader in FEC Suit

The D.C. Circuit ruled today in Nader v. FEC that Ralph Nader lacked standing to sue to compel FEC enforcement against various organizations for violating election laws during their efforts to keep him off the presidential ballot in 2004.

Nader filed an administrative complaint with the FEC alleging that these organizations violated election laws in trying to keep him off the ballot.  The FEC dismissed the complaint, and Nader sued.  The district court granted summary judgment against Nader.  In its ruling today, the D.C. Circuit held that he lacked standing to sue.  

The court said that Nader lacked competitor standing, because he couldn't show that the FEC's determination injured his ability to fight the next election--becuase he didn't allege with certainty that he would actually run in the next election.  The court said that he lacked informational standing, because he wasn't seeking information "related to [his] informed participation in the political process."  Op. at 5.  Instead, he was seeking to force the FEC to "get the bad guys," op. at 5, and to support his on-going litigation growing out of the 2004 election.

SDS

http://lawprofessors.typepad.com/conlaw/2013/08/no-standing-for-nader-in-fec-suit.html

Cases and Case Materials, Jurisdiction of Federal Courts, News, Standing | Permalink

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