Elawyers Elawyers
Ohio| Change

Maine Right To Life v. Federal Election, 96-1532 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1532 Visitors: 15
Filed: Oct. 18, 1996
Latest Update: Mar. 02, 2020
Summary: Cyr and Boudin, Circuit Judges.David Kolker, Attorney, with whom Lawrence M. Noble, General, ____________ _________________, Counsel, and Richard B. Bader, Associate General Counsel, were on, ________________, brief for appellant Federal Election Commission.forth in the district court opinion.
USCA1 Opinion











UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 96-1532

MAINE RIGHT TO LIFE COMMITTEE, INC., ET AL.,

Plaintiffs - Appellees,

v.

FEDERAL ELECTION COMMISION, ET AL.,

Defendant - Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. D. Brock Hornby, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________

Cyr and Boudin, Circuit Judges. ______________

_____________________

David Kolker, Attorney, with whom Lawrence M. Noble, General ____________ _________________
Counsel, and Richard B. Bader, Associate General Counsel, were on ________________
brief for appellant Federal Election Commission.
Dennis M. Flannery, Ankur J. Goel, Wilmer, Cutler & ____________________ ________________ __________________
Pickering and Donald J. Simon on brief for Common Cause, amicus _________ ________________
curiae.
James Bopp, Jr., with whom Paul R. Scholle, Bopp, Coleson & ________________ _______________ _______________
Bostrom, Daniel M. Snow and Pierce Atwood were on brief for _______ _______________ ______________
appellees.



____________________

October 18, 1996
____________________














Per Curiam. Defendant-appellant, the Federal Election Per Curiam. ___________

Commission ("FEC"), appeals the decision of the district court

that "11 C.F.R. 100.22(b) is contrary to the [Federal Election

Campaign Act (FECA), 2 U.S.C. 431-55,] as the Supreme Court

and the First Circuit Court of Appeals have interpreted it and

thus beyond the power of the FEC." Maine Right to Life _____________________

Committee, Inc. v. Federal Election Commission, 914 F. Supp. 8, _______________ ____________________________

13 (D. Me. 1996). Appellant argues that the "express advocacy"

regulation promulgated in 100.22(b) is facially reasonable,

advances compelling governmental interests, and is entitled to

deference.

After a careful evaluation of the parties' briefs and

the record on appeal, we affirm for substantially the reasons set

forth in the district court opinion. See Maine Right to Life ___ ____________________

Committee, 914 F. Supp. 8; see also Federal Election Commission _________ ________ ____________________________

v. Christian Action Network, 894 F. Supp. 946 (W.D. Va. 1995), ________________________

aff'd per curiam, 92 F.3d 1178 (table), No. 95-2600, (4th Cir. _________________

Aug. 2, 1996) (unpublished disposition) (granting defendants'

motion to dismiss on the grounds that the complained-of actions

did not constitute violations of FECA, and the FEC lacked

jurisdiction to bring suit).

Costs to appellee.

Affirmed. ________








-2- -2-






Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer