2
curiae Campaign Legal Center and Democracy 21 in support
of appellee.
Before: HENDERSON, BROWN, and KAVANAUGH, Circuit
Judges.
Opinion
for the Court filed by Circuit Judge
KAVANAUGH, with whom Circuit Judge HENDERSON joins,
and with whom Circuit Judge BROWN joins as to Part IV
except footnotes 17, 18, and 20.
Opinion concurring in part filed by Circuit Judge
BROWN.
KAVANAUGH, Circuit Judge: A non-profit group known
as EMILY’s List promotes abortion rights and supports prochoice Democratic women candidates. It challenges several
new Federal Election Commission regulations that restrict
how non-profits may spend and raise money to advance their
preferred policy positions and candidates. EMILY’s List
argues that the regulations violate the First Amendment.
The First Amendment, as interpreted by the Supreme
Court, protects the right of individual citizens to spend
unlimited amounts to express their views about policy issues
and candidates for public office.
Similarly, the First
Amendment, as the Court has construed it, safeguards the
right of citizens to band together and pool their resources as
an unincorporated group or non-profit organization in order to
express their views about policy issues and candidates for
public office. We agree with EMILY’s List that the new FEC
regulations contravene those principles and violate the First
Amendment. We reverse the judgment of the District Court
and direct it to enter judgment for EMILY’s List and to vacate
the challenged regulations.