Appeals court affirms dismissal of McDonald v. FEC (25-10830)

WASHINGTON - The U.S. Court of Appeals for the Fifth Circuit on Monday issued a per curiamOpinion in McDonald v. FEC (Case No. 25-10830), affirming an order of the U.S. District Court for the Northern District of Texas granting the Commission's Motion to Dismiss.

In February 2025, the Plaintiff filed suit against the Commission challenging as unconstitutional the reporting requirements of the Federal Election Campaign Act of 1971, as amended (the Act), that apply to certain contributions that are earmarked through conduits or intermediaries of amounts of up to $200, alleging that the disclosure requirements violate the First Amendment.

In its July 2025 Opinion, the district court concluded that the Plaintiff had failed to demonstrate an injury in fact and, therefore, lacked standing to bring a constitutional challenge. On appeal, the Plaintiff argued that the district court erred because anonymous speakers suffer an injury in fact when the government violates their right to remain unknown, and because laws requiring donor disclosure chill speech and association, which is itself an injury. The appeals court disagreed and affirmed the district court's judgment.