No. 22-6115

Danny Fabricant v. Federal Election Commission, et al.

Lower Court: District of Columbia
Docketed: 2022-11-21
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: article-iii-standing campaign-finance constitutional-law constitutional-qualifications declaratory-judgment equal-protection federal-election-campaign-act federal-election-commission prisoner-litigation standing statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-01-13
Question Presented (from Petition)

1. Does 52 U.S.C. § 30101's REQUIREMENT, that potential candidates for the House of Representatives report (either) the receipt of more that $5,000 in contributions or expenditures BEFORE they are considered 'Candidates' by the Federal Election Commission, violate Article 1, § 2, Clause 2 of the Constitution, which only lists three qualifications; none of them monetary?

2. Does 52 U.S.C. § 30110, which, in relevant part, grants permission to " ... or any individual eligible to vote in any election for the office of President, may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this act. ..." violate (separately, as will be explained, post) (1) The Equal Protection Clause of the Constitution and (2) the Article III "standing" or 'injury' requirement (See also: F.R.Civ.P. 12(h)(3))?

3. May a district court impose a 28 U.S.C. § 1915(g) "Strike" on a prisoner who relied in 52 U.S.C. § 30110 statutory authorization to file a lawsuit, as part of an Order dismissing the action?

Question Presented (AI Summary)

Does 52 U.S.C. § 30101's requirement that potential candidates for the House of Representatives report contributions or expenditures before being considered 'Candidates' violate the Constitution's Qualifications Clause?

Docket Entries

2023-01-17
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Jackson took no part in the consideration or decision of this motion and this petition.
2022-12-29
DISTRIBUTED for Conference of 1/13/2023.
2022-12-21
Waiver of right of respondents Federal Election Commission to respond filed.
2022-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2022)
2022-08-30
Application (22A192) granted by The Chief Justice extending the time to file until November 12, 2022.
2022-08-22
Application (22A192) to extend the time to file a petition for a writ of certiorari from September 13, 2022 to November 12, 2022, submitted to The Chief Justice.

Attorneys

Danny Fabricant
Danny Fabricant — Petitioner
Federal Election Commission, et al.
Elizabeth B. PrelogarSolicitor General, Respondent