Cite as: 609 U. S. ____ (2026)
5
Opinion of the Court
defend the judgment of the Sixth Circuit and the
constitutionality of the political-party coordinatedexpenditure limits.
He has ably discharged his
responsibilities.
II
Before addressing the merits, we must ensure our
jurisdiction under Article III. At the outset of the litigation,
at least one of the plaintiffs—then-candidate for Senate JD
Vance—undisputedly had standing to challenge the law’s
restriction on coordinated expenditures. But amicus and
intervenors contend that the case is now moot.
First, as amicus and intervenors see things, the Vice
President no longer faces a credible threat of enforcement
if his campaign coordinates with a political party that
makes coordinated expenditures above the statutory limits.
That is because the Executive Branch has concluded that
the political-party coordinated-expenditure limits are
unconstitutional; as a result, the Federal Election
Commission presumably will no longer enforce the limits.
Cf. Susan B. Anthony List v. Driehaus, 573 U. S. 149, 159
(2014).
But FECA also provides for private suits in certain
circumstances if the FEC fails to act.
52 U. S. C.
§§30109(a)(1), (a)(8)(A), (a)(8)(C). And the threat of private
enforcement is sufficiently credible that this dispute “is still
very much alive.” Chafin v. Chafin, 568 U. S. 165, 173
(2013).
Second, amicus and intervenors assert that the case is
moot because Vice President Vance is no longer a candidate
for office. Although then-Senator Vance may once have
planned to run as a candidate for re-election to the Senate
in 2028, amicus and intervenors say that the now-Vice
President has no “concrete and definite plans to run for any
specific federal office” in the future, so FECA’s political-