Courthouse Steps Oral Argument: NRSC v. FEC episode artwork

EPISODE · Jan 6, 2026 · 1H

Courthouse Steps Oral Argument: NRSC v. FEC

from FedSoc Forums · host The Federalist Society

In National Republican Senatorial Committee (NRSC) v. Federal Election Commission (FEC) the Court is set to consider “whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with "party coordinated communications" as defined in 11 C.F.R. § 109.37.”.The case kicked off in 2022 when two Republican party committees brought suit against the FEC in the U.S. District Court for the Southern District of Ohio. They contended the 1971 Federal Election Campaign Act (FECA) imposed unconstitutional restrictions on their capacity to coordinate campaign advertising with candidates, and that FEC v. Colorado Republican Federal Campaign Committee (2001) which had upheld the restrictions as constitutional, had been made unsound by developments in law, facts, and precedent in the intervening time.As required by FECA for constitutional challenges, the district court certified the legal question to the U.S. Court of Appeals for the Sixth Circuit sitting en banc which upheld FECA. The Supreme Court granted cert. and Oral Argument is set to be heard on December 9, 2025.Join us for an expert breakdown of oral arguments.Featuring:Brett Nolan, Senior Attorney, Institute for Free Speech

In National Republican Senatorial Committee (NRSC) v. Federal Election Commission (FEC) the Court is set to consider “whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with "party coordinated communications" as defined in 11 C.F.R. § 109.37.”.The case kicked off in 2022 when two Republican party committees brought suit against the FEC in the U.S. District Court for the Southern District of Ohio. They contended the 1971 Federal Election Campaign Act (FECA) imposed unconstitutional restrictions on their capacity to coordinate campaign advertising with candidates, and that FEC v. Colorado Republican Federal Campaign Committee (2001) which had upheld the restrictions as constitutional, had been made unsound by developments in law, facts, and precedent in the intervening time.As required by FECA for constitutional challenges, the district court certified the legal question to the U.S. Court of Appeals for the Sixth Circuit sitting en banc which upheld FECA. The Supreme Court granted cert. and Oral Argument is set to be heard on December 9, 2025.Join us for an expert breakdown of oral arguments.Featuring:Brett Nolan, Senior Attorney, Institute for Free Speech

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This episode was published on January 6, 2026.

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In National Republican Senatorial Committee (NRSC) v. Federal Election Commission (FEC) the Court is set to consider “whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as...

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