April 17, 2012 •
Preliminary Injunction Denied: Plaintiff federal contractors still prohibited from making federal political contributions
A Federal District Court denied a preliminary injunction request demanding the Federal Election Commission (FEC) not enforce a law prohibiting individuals with federal contracts from making political contributions to federal candidates or political parties.
In Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, the 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 such contributions.
The case, 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.
In denying the preliminary injunction request, the Court concluded the plaintiffs do not have a likelihood of success on the merits of their claims.
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