''Federal Election Commission v. Akins'', 524 U.S. 11 (1998), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

case deciding that an individual could sue for a violation of a federal law pursuant to a

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

enacted by the

U.S. Congress The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...

which created a general right to access certain

information Information is an Abstraction, abstract concept that refers to something which has the power Communication, to inform. At the most fundamental level, it pertains to the Interpretation (philosophy), interpretation (perhaps Interpretation (log ...

Facts

The

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

s were registered voters who had asked the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...

Federal Election Commission The Federal Election Commission (FEC) is an independent agency of the United States government that enforces U.S. campaign finance laws and oversees U.S. federal elections. Created in 1974 through amendments to the Federal Election Campaign ...

("FEC") to determine that an

organization An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as ...

called the

American Israel Public Affairs Committee The American Israel Public Affairs Committee (AIPAC ) is a pro-Israel lobbying group that advocates its policies to the legislative and executive branches of the United States. It is one of several pro-Israel lobbying organizations in the ...

("AIPAC") was a " political committee" subject to certain

regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...

and reporting requirements under the

Federal Election Campaign Act The Federal Election Campaign Act of 1971 (FECA, , ''et seq.'') is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communicati ...

, because AIPAC had crossed certain spending thresholds. The FEC determined that AIPAC had indeed crossed those thresholds, but still did not require it to make the required reports because the organization was issue-oriented, not campaign-related. The plaintiffs sought review in the District Court, which granted summary judgment for the FEC; this ruling was affirmed by a panel of the Court of Appeals, but the Court of Appeals ''en banc'' reversed. The government sought certiorari, and challenged the plaintiff's standing on the grounds that the plaintiffs had suffered no 'injury in fact'; that if the plaintiffs had any injury it was not fairly traceable to the FEC decision; and that a decision in favor of the plaintiffs would not redress their injury.

Issue

Did the plaintiffs suffer an injury in fact sufficient to establish standing?

Opinion of the Court

The Court, in an opinion by Justice Breyer, held that Congress has, by statute, allowed "any party aggrieved by an order of the Commission" to file a suit, which is a broad grant; not getting the requested information is an "injury in fact" just like the denial of any other information which is statutorily required to be provided to citizens by the government. The grievance is a "generalized grievance," but the harm is concrete enough to overcome this, and the harm is fairly traceable to the FEC – even though the FEC may find other grounds not to make AIPAC provide the info.''Akins'', 524 U.S. at 24 (" ere a harm is concrete, though widely shared, the Court has found 'injury in fact.'"). The Court distinguished this case from

lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

s where an individual seeks relief based on mere taxpayer standing – an insufficient ground for standing to sue. It instead employed a "zone of interests test," asking whether the injury asserted fell into the zone of interests protected by the statute. The case was remanded to the FEC to review its definition of 'members.' The Court noted that the FEC was producing new guidelines regarding this issue, which would address it and not require a new legal precedent. The plaintiffs were bitterly disappointed by the decision not to intervene, as the effort to have AIPAC legally declared a political action committee was a higher priority than the (successful) effort to show standing to have filed this lawsuit in the first place. While they repeatedly attempted filings to have the case re-opened, these were entirely rejected, and in 2010 a Federal court in D.C. ruled that the lawsuit had no merit as electoral law and it was officially and finally dismissed.

Dissent

Justice Scalia Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...

wrote a dissenting opinion asserting that the fact the statute differentiated between 'any person' (in defining the class of persons who could file a complaint with the FEC over a violation) and 'any party aggrieved' (in defining the class of persons who could bring suit in federal court over the FEC's decision on the complaint) demonstrated the limiting force of the latter provision—anyone could file a complaint with the FEC if they believed a violation had occurred, but only parties who had actually been aggrieved (suffered a particularized injury) as a result of the FEC's decision on the complaint could sue.

References

External links