4
FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE
Opinion of the Court
As the Government recognizes, the Committee’s present
inability to repay the final $10,000 of Cruz’s loans constitutes an injury in fact both to Cruz and to his Committee.
See Reply Brief 8. Cruz, of course, suffers a $10,000 pocketbook harm. See Czyzewski v. Jevic Holding Corp., 580
U. S. 451, 464 (2017). And the bar on repayment injures
the Committee by preventing it from discharging its obligation to repay its debt, which may inhibit that form of financing in the future. The Government maintains, however,
that these injuries are not traceable to the threatened enforcement of Section 304, for two reasons: first, because the
inability to repay Cruz’s loans was “self-inflicted,” and second, because it is the threatened enforcement of an agency
regulation, not the statute itself, that causes the harm. We
address each argument in turn.
A
First, the Government argues that appellees lack standing because their injuries were “self-inflicted.” Brief for Appellant 20. Because appellees knowingly triggered the application of the loan-repayment limitation, the Government
says, any resulting injury is in essence traceable to them,
not the Government. The predicate for this argument is
appellees’ stipulation in the District Court that “the sole
and exclusive motivation behind Senator Cruz’s actions in
making the 2018 loan[s] and the [C]ommittee’s actions in
waiting to repay them was to establish the factual basis for
this challenge.” App. 325. At bottom, the Government asks
us to recognize an exception to traceability for injuries that
a party purposely incurs.
We have never recognized a rule of this kind under Article III. To the contrary, we have made clear that an injury
resulting from the application or threatened application of
an unlawful enactment remains fairly traceable to such application, even if the injury could be described in some sense
as willingly incurred. See Evers v. Dwyer, 358 U. S. 202,