The legal dispute involving End Citizens United PAC and the Federal Election Commission (FEC) continues without resolution more than two years after the original panel opinion was vacated. In October 2024, the full D.C. Circuit Court voted to rehear the case en banc, expanding the issues under consideration, possibly to clarify circuit precedent related to the Federal Election Campaign Act and enforcement discretion by the FEC.

The case raises significant questions about judicial review of agency non-enforcement decisions, a topic of interest to legal observers and practitioners. Despite the court's usual practice of concluding opinions well before fall oral arguments and rarely allowing cases to extend over multiple clerkship terms, this case remains pending over sixteen months after the en banc rehearing.

Jonathan H. Adler of Reason noted that the reasons for the prolonged delay are unclear, questioning whether a majority rationale has yet to emerge or if other factors are at play. He suggests that the explanation may become apparent once the court ultimately releases its opinion.

Background

The D.C. Circuit had previously concluded that the Federal Election Campaign Act does not provide a cause of action to challenge the FEC's enforcement discretion. The rehearing en banc was seen as an opportunity to address and possibly revise this interpretation.

Current Status

As of July 2026, no opinion has been issued, and the case remains unresolved, leaving the legal community awaiting clarity on how courts may review agency decisions not to enforce regulations.

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