Federal Election Commission v. NRA Political Victory Fund

Background

The Federal Election Commission, the federal agency that enforces campaign finance laws, sought Supreme Court review after the Court of Appeals held that the FEC's congressionally mandated composition violated separation-of-powers. The Court of Appeals entered judgment on October 22, 1993, and the FEC filed a petition for review on January 18, 1994 without prior authorization from the Solicitor General. The Solicitor General later sent a letter of authorization on May 26, 1994.

Reasoning

The Court addressed whether the FEC had independent authority to file a Supreme Court petition on its own. It concluded the statute the FEC relied on authorizes appeals but does not expressly permit filing certiorari petitions in this Court for routine FECA enforcement. Other statutes explicitly allow certiorari only for certain Presidential-fund actions. Because the FEC lacked clear statutory authority, it needed the Solicitor General's authorization. The Solicitor General's authorization arrived after the 90-day filing deadline had passed, and the Court applied agency-ratification principles to hold that an after-the-fact approval cannot revive an untimely filing.

Real world impact

The Court dismissed the petition for want of jurisdiction. Agencies without explicit statutory permission cannot independently file Supreme Court petitions and must obtain timely Solicitor General approval. A late authorization cannot make an otherwise untimely petition valid, so lower-court decisions remain in place unless properly appealed in time.

Dissents or concurrances

Justice Stevens dissented, arguing the statutory language, legislative history, and long practice showed Congress intended the FEC to have independent authority to pursue Supreme Court review without prior Solicitor General approval.