[Lnc-business] LNC v. FEC - decision and next steps

[Jeff Lyons]

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On Wed, May 29, 2019 at 1:25 PM -0400, "Nicholas Sarwark via Lnc-business" <lnc-business at hq.lp.org> wrote:










Dear All,

We have received an analysis from Oliver Hall that suggests we should
petition the Supreme Court for certiorari in our case against the FEC.  Ms.
Daugherty has drafted a fundraising letter to seek to raise the additional
funds for printing.  Mr. Gura would like to start as soon as practical and
our agreement with him is an annual one, so there would not be additional
fees for the representation associated with filing the petition to the
Supreme Court.

My inclination is to give the go ahead by the end of this week unless there
are strong objections that would require a meeting or vote of the LNC or EC.


-Nick


On Tue, May 21, 2019 at 7:41 PM Nicholas Sarwark  wrote:

> Dear All,
>
> We got an opinion in our case against the FEC today. The bad news is that
> the panel ruled against us. The good news is that the ruling was along
> party lines, presenting a good case for an appeal to the Supreme Court
> (where the split of judges is opposite from the D.C. Circuit).
>
> A petition for certiorari at the Supreme Court would cost us between
> $5-10K for printing and filing costs. Our counsel believes it is likely we
> could get some good amici on the petition for certiorari and would like to
> file a petition for certiorari.
>
> I would like to instruct our counsel to proceed with a petition for
> certiorari and believe this would be allowable under the policy manual
> since this is the continuation of litigation that has already been approved
> by the LNC, but I wanted to email the list to see if anyone had any
> questions or objections before we proceed.
>
> Judgment and opinion attached.
>
> Yours truly,
> Nick
>