Court Declines Stay in Crossroads Campaign Finance Disclosure Case

Steven D. Schwinn, John Marshall Law School

The Supreme Court yesterday declined to stay a lower court ruling that struck an FEC reg that created a disclosure loophole for 501(c)(4) organizations.

We posted on the district court ruling, CREW v. FEC, here.

The reg allowed 501(c)(4)s and cooperating super-PACs to avoid statutory disclosure requirements. The district court ruled that the reg was at odds with statutory disclosure requirements.

Chief Justice Roberts last week issued an order (without opinion) staying the district court ruling, but yesterday the full Court vacated the Chief's order and denied the stay (also without an opinion).

Under the (now not stayed) district court ruling, the FEC has 45 days to come up with new regs that comply with the statute.