Today, the U.S. District Court of Appeals for the District of Columbia will sit en banc to hear oral arguments challenging the constitutionality of barring contractors from contributing to candidates, parties, and their committees.

On November 2, 2012, in Wagner v. Federal Election Committee, a District Court rejected challenges to the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making political contributions to federal candidates or political parties. The case, initially brought by the ACLU, asked the court to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies.

Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argued section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment. The court found no First Amendment or Equal-Protection violations, noting “the dissimilar roles of contractors and employees, moreover, justify the distinct regulatory schemes that the Government has fashioned.”