New: Sen. Ted Cruz has won his lawsuit challenging a campaign finance law that caps the amount of post-election contributions that can be used to repay personal loans to a campaign at $250K assets.documentcloud.org/documents/2079… 
A special three-judge panel was appointed, since it involves campaign finance law. Unanimous decision for Cruz from an ideologically diverse group: DC Circuit Judge Neomi Rao (Trump appointee) + US District Judges Amit Mehta (Obama appointee) and Timothy Kelly (Trump appointee)
The panel concluded the govt failed to show the cap was narrowly tailored to prevent quid pro quo corruption.
Rao wrote the opinion: "We find that the loan-repayment limit burdens political speech and thus implicates the protection of the First Amendment."
Rao wrote the opinion: "We find that the loan-repayment limit burdens political speech and thus implicates the protection of the First Amendment."
Cruz sued because he loaned his 2018 Senate reelection campaign $260K, and his campaign used $250K in post-election contributions to repay that, right up to the cap. Cruz argued the cap violated his 1A rights as well as those of supporters who wanted to contribute post-election
"A candidate’s loan to his campaign is an expenditure that may be used for expressive acts. Such expressive acts are burdened when a candidate is inhibited from making a personal loan, or incurring one, out of concern that she will be left holding the bag on any unpaid ... debt"
As for the FEC's argument that allowing post-election contributions to repay a candidate's personal loans w/out limit ups the risk of corruption, court noted the FEC didn't present documented examples of that happening, and was unpersuaded by academic research on the subject
"...the FEC’s asserted rationale boils down to a general concern about money in politics and campaign contributions to incumbents—but such general concerns about influence or access cannot justify government regulation in the vital area of political speech."
In summation
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