1 To be Argued by or To be Submitted by:

Through a combined approach of research, advocacy, public education, and litigation, CREW seeks to protect the rights of citizens to be informed about the activities of government officials and to ensure the integrity of those officials. [...] To avoid partisan-capture of the FEC through the Executive, “[Congress] made the Commission partisan balanced, allowing no more than three of the six Commissioners to belong to the same political party,” CHGO II, 923 F.3d at 1143 (Pillard, J., dissenting), while “requir[ing] that all actions by the Commission occur on a bipartisan [majority] basis,” id. [...] 5 USCA Case #22-5277 Document #2042736 Filed: 02/28/2024 Page 12 of 37 Under CHGO and New Models, a non-majority of the Commission is free to ignore any disfavored judicial decision, sheltering regulated parties from the law as recognized, and depriving Americans of the information to which they are entitled as declared by the courts. [...] Under CHGO and New Models, the FEC is an Agency like No Other The wanton abuse of the powers conferred by CHGO and New Models underscores previous wisdom in the unanimous judgment of the judiciary that subjected the Commission’s dismissals to judicial review. [...] The FEC under CHGO and New Models departs from the standards of administrative law and conflicts with the mandates of the Constitution.