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Recent Developments

Supreme Court Decision re American Israel Public Affairs Committee (AIPAC) --

The Supreme Court, in a 6-3 decision, recently upheld the right of a group of voters to challenge the determination by the Federal Election Commission (FEC) that the American Israel Public Affairs Committee (AIPAC) is not a "political organization" under the Federal Election Campaign Act of 1971. Vacating the Court of Appeals decision below (found at 101 F. 3d 731), the Court held that the Act gives standing to "any person" to file a complaint with the FEC and seek district court review if the FEC dismisses the complaint. In dissent, Justice Scalia argued that a statute allowing a private person to bring an executive agency into court to compel its enforcement of the law against a third party is unconstitutional.

See Federal Election Commission v. Akins, Sup. Ct. No. 96-1590 (June 1, 1998).

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