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Consider removing the commission's independent litigating authority

Mandate for Leadership: The Conservative Promise, chapter 29, p. 865. Written by Hans A. von Spakovsky.

Consider removing the commission's independent litigating authority

The document says “should consider”Who acts: President, CongressHow: legislationp. 865 in the PDF
What the document says

“the President should seriously consider recommending that Congress amend FECA to remove the agency’s independent litigating authority”

Mandate for Leadership: The Conservative Promise, p. 865

Independent litigating authority lets the commission go to court in its own name rather than through the Justice Department. The chapter raises removing it as something to consider seriously rather than as a firm recommendation.

What the document actually says

“the President should seriously consider recommending that Congress amend FECA to remove the agency’s independent litigating authority”

Mandate for Leadership: The Conservative Promise, p. 865
That sentence, in plain words

One idea is to take away the agency's power to sue on its own.

What this is about

This agency can take people to court itself. The book says that power could be removed. Then the Justice Department would sue instead.

What has happened
Partly matches

Ensuring Accountability for All Agencies

2025-02-18 · 90 FR 10447

Section 7 of Executive Order 14215 of February 18, 2025 provides that the President and the Attorney General supply authoritative interpretations of law for the executive branch, that their opinions on questions of law are controlling on all employees in the conduct of their official duties, and that no employee acting in an official capacity may advance an interpretation of the law as the position of the United States that contravenes them, naming positions advanced in litigation, unless authorized by the President or in writing by the Attorney General. The same order amends the definition of agency in Executive Order 12866 to include the Federal Election Commission by name. That subordinates the legal positions the commission may take to the Attorney General's, which is the independence the passage asks the President to consider ending. The fit breaks down because the passage asks for an amendment to the Federal Election Campaign Act and the order asks Congress for nothing, because nothing in the order removes or mentions the commission's authority to appear in court in its own name, because section 7 governs which interpretation of law may be advanced rather than who may sue, and because section 7 speaks of employees of the executive branch without stating whether the commissioners are covered.

In plain English

The order makes the top lawyer's reading of the law bind staff in court. That reins in the election board the chapter wrote about. But the chapter asked Congress to change a law, and the order asks Congress for nothing. The board can still go to court on its own.

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How to cite this
  1. The document itself

    Mandate for Leadership: The Conservative Promise, edited by Paul Dans and Steven Groves (The Heritage Foundation, 2023), p. 865.
    https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf

  2. This page

    “Consider removing the commission's independent litigating authority,” Project 2025, chapter 29, p. 865. Read the Mandate, https://readthemandate.org/project-2025/proposal/ch29-remove-fec-litigating-authority/ (retrieved October 7, 2026).

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The quotation is the document's own words, exactly as printed, checked against the page number against the book itself before publishing. The paragraph underneath is our summary, not the document's words. So is the plain English version, which is why it sits beside the quotation rather than replacing it.

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