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Aug. 2, 1996) (unpublished disposition) (granting defendants'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