UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1350
LEAGUE OF WOMEN VOTERS OF MAINE, ET AL.,
Plaintiffs, Appellants,
v.
G. WILLIAM DIAMOND, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Morton A. Brody, U.S. District Judge] ___________________
____________________
Before
Selya, Boudin and Stahl,
Circuit Judges. ______________
____________________
Stephen E.F. Langsdorf, Anne Skopp, and Preti, Flaherty, Beliveau ______________________ __________ __________________________
& Pachios on brief for appellants. _________
Andrew Ketterer, Attorney General, and Thomas D. Warren, ________________ ___________________
Assistant Attorney General, on brief for appellees G. William Diamond
and Andrew Ketterer.
John H. Rich, III, William J. Sheils, and Perkins, Thompson, ___________________ ___________________ ___________________
Hinckley & Keddy on brief for intervenor-appellee Committee for __________________
Governmental Reform.
Samuel W. Lanham, Jr., Cuddy & Lanham, and Stephen J. Safranek on _____________________ ______________ ____________________
brief for intervenor-appellee U.S. Term Limits, Inc.
____________________
April 30, 1996
____________________
Per Curiam. This is an appeal from the denial of a __________
motion for preliminary injunctive relief. Plaintiffs, who
include two incumbent state legislators and four of their
supporters, challenge the validity of the Maine Term
Limitation Act of 1993. 21-A Me. Rev. Stat. Ann. 551-54.
On April 10, 1996, the date their notice of appeal was filed,
plaintiffs moved for an expedited briefing schedule and
requested that a decision from this court issue by "the end
of April"--a circumstance prompted by the need to prepare
absentee ballots in time for the June 11 state primary.
Comprehensive briefs have been submitted by the parties on an
expedited basis. Having considered the matter in full, we
now dispense with oral argument, see Loc. R. 34.1(a)(2)(iii), ___
and affirm substantially for the reasons recited by the
district court in its discussion of plaintiffs' failure to
show a likelihood of success on the merits.
We find nothing in plaintiffs' arguments that calls the
lower court's reasoning into serious question. In
particular, given the rationale of such cases as Clements v. ________
Fashing, 457 U.S. 957 (1982), and given the uniform holdings _______
of the various state court decisions that have addressed
analogous arguments, we agree that plaintiffs have
established something less than a probability of success on
the merits of their federal claims. We reach the same
conclusion with regard to plaintiffs' contention that the
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decision in Opinion of the Justices, 623 A.2d 1258 (Me. _________________________
1993), will likely be revised in light of U.S. Term Limits, __________________
Inc. v. Thornton, 115 S. Ct. 1842 (1995). ____ ________
Given this failure to show a likelihood of success on
the merits, there is certainly nothing in the plaintiffs'
showing as to the equities that would warrant a contrary
result. If anything, the arguments based on the equities
tend to support the denial of a preliminary injunction, as
indicated in the district court's decision. See also Bates ________ _____
v. Jones, 904 F. Supp. 1080 (N.D. Cal. 1995) (where the court _____
denied a preliminary injunction against state term limits on
equitable grounds). Since the law and the equities both
favor the defendants, there was certainly no error of law or
abuse of discretion in the denial of the preliminary
injunction.
Affirmed. _________
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