U.S. Court of Appeals for the First Circuit, 1996

Maine Right to Life Committee, Inc. v. Federal Election Commission

U.S. Court of Appeals for the First Circuit · Decided October 18, 1996 · Torruella, Cyr, Boudin

98 F.3d 1; 1996 U.S. App. LEXIS 27224; 1996 WL 590397 (Federal Reporter, Third Series)

Counsel

David Kolker, Attorney, with whom Lawrence M. Noble, General Counsel, and Richard B. Bader, Associate General Counsel, Washington, DC, were on brief, for defendant-appellant Federal Election Commission., Dennis M. Flannery, Ankur J. Goel, Wilmer, Cutler & Pickering and Donald J. Simon, on brief, Washington, DC, 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, Terre Haute, IN, for plaintiffs-appellees.

Cases that cite this one

30 later published cases cite this decision. The 23 that cite it most often are listed here.

Elections Board v. Wisconsin Manufacturers & Commerce (Wis. 1999)
Virginia Society for Human Life, Inc. v. Federal Election Commission (4th Cir. 2001)
Federal Election Commission v. Christian Coalition (District Court, District of Columbia 1999)
McConnell v. Federal Election Commission (District Court, District of Columbia 2003)
Becker v. Federal Election Commission (1st Cir. 2000)
Washington State Republican Party v. Public Disclosure Commission (Wash. 2000)
Wisconsin Right to Life, Inc. v. Gregory J. Paradise, Chairman of the Wisconsin State Election Board (7th Cir. 1998)
Right to Life of Dutchess County, Inc. v. Federal Election Commission (District Court, S.D. New York 1998)
Buchanan v. Bridgestone (10th Cir. 1997)
Federal Election Com'n v. Christian Action Network, Inc. (4th Cir. 1997)
Federal Election Commission v. Christian Action Network, Inc. (4th Cir. 1997)
Campaign Legal Center v. Federal Election Commission (District Court, District of Columbia 2025)
McGugan v. Clarke (District Court, W.D. Virginia 2021)
Samuels v. Shinn (United States District Court for the District of Arizona 2019)
Jacobus v. Alaska (9th Cir. 2003)
Jacobus v. Alaska (9th Cir. 2003)
Governor Gray Davis Committee v. American Taxpayers Alliance (Cal. Ct. App. 2002)
League of Women Voters of Colorado v. Davidson (Colo. App. 2001)
Stenson v. McLaughlin (District Court, D. New Hampshire 2001)
Chamber of Commerce of United States v. Moore (District Court, S.D. Mississippi 2000)
Becker v. Federal Election Commission (District Court, D. Massachusetts 2000)
Washington State Republican Party v. STATE PUBLIC DISCLOSURE COMMISSION (Wash. 2000)
State Ex Rel. Crumpton v. Keisling (Or. Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Defendant-appellant, the Federal Election 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.