Paul, United States Congressman v. Federal Election Commission

Background

A United States congressman and others sued the Federal Election Commission and appealed decisions from the U.S. District Court for the District of Columbia. The cases were reported below at 251 F. Supp. 2d 176 and 948. The Court listed the appeals for review, consolidated the cases, and provided a schedule for filings and oral argument.

Reasoning

The immediate question before the Justices was whether to take up these appeals and how to organize the review. The Court noted probable jurisdiction, meaning it tentatively accepted the appeals for consideration. It consolidated the related appeals, allotted a total of four hours for oral argument, and set specific deadlines: briefs from the parties who were plaintiffs in the district court due July 8, 2003; briefs from the district court defendants due August 5, 2003; and any reply briefs due August 21, 2003. Oral argument was scheduled for September 8, 2003.

Real world impact

This order moves the dispute from the lower court into the Supreme Court’s ordinary review process. The schedule forces the parties to prepare and file written arguments and to present their cases at a consolidated oral hearing. Because this is a procedural order noting probable jurisdiction, it does not decide the underlying legal issues and the ultimate outcome could change after full briefing and argument.