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1 1 (July 27, 2022)

handle is hein.crs/govehzx0001 and id is 1 raw text is: Congressional_______ SaResearch Service Supreme Court Invalidates Cap on Repayment of Candidate Loans Under the First Amendment: Considerations for Congress July 27, 2022 In Federal Election Commission (FEC) v. Ted Cruz for Senate, the U.S. Supreme Court invalidated a provision of federal campaign finance law establishing a $250,000 limit on the amount of post-election campaign contributions that may be used to repay candidates for personal loans made to their campaign committees pre-election. On May 16, 2022, by a 6-3 vote, the Court held that the appellees, Senator Rafael Edward Ted Cruz and his principal campaign committee, Ted Cruz for Senate, had standing to challenge the loan-repayment limit and that the limit violates the Free Speech Clause of the First Amendment. This Legal Sidebar examines the Court's ruling in this case and concludes with an analysis of considerations for Congress. An earlier CRS product, Campaign Finance and the First Amendment: Supreme Court Considers Constitutionality ofLimits on Repayment of Candidate Loans, discusses the facts of this case, the procedural history, and the arguments made before the Court. Supreme Court Ruling in FEC v. Ted Cruz for Senate Standing As a threshold matter, the majority opinion written by Chief Justice Roberts held that the appellees, Senator Cruz and his campaign committee (hereinafter collectively referred to as the Cruz campaign) had standing to sue. Standing is a constitutional requirement that a plaintiff have a concrete, personal interest in the litigation instead of a general policy objection or other generalized grievance. One element of standing is that the plaintiff must have suffered an injury that is fairly traceable to the challenged action. The government asserted that, for two reasons, the injuries sustained by the Cruz campaign were not traceable to the enforcement of the loan-repayment limit. First, the government argued that because the Cruz campaign triggered the loan-repayment limit by intentionally failing to repay any part of Senator Cruz's outstanding loan within 20 days of the election-as permitted by an FEC regulation-the injury is Congressional Research Service https://crsreports. congress.gov LSB10796 CRS Legal Sidebar Prepared for Members and Committees of Congress

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