FEC v. Akins

[1] The plaintiffs were registered voters who had asked the defendant Federal Election Commission ("FEC") to determine that an organization called the American Israel Public Affairs Committee ("AIPAC") was a "political committee" subject to certain regulations and reporting requirements under the Federal Election Campaign Act, because AIPAC had crossed certain spending thresholds.

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 Court noted that the FEC was producing new guidelines regarding this issue, which would address it and not require a new legal precedent.

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.

Justice Scalia 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.