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  5. 944 F.2d 137 (1991)
 

STRETTON v. DISCIPLINARY BD. OF S. CT. OF PA.

Nos. 91-1398, 91-1439.

944 F.2d 137 (1991)

Samuel C. STRETTON Appellant in 91-1439, v. DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA; Robert H. Davis, Jr., Pennsylvania Judicial Inquiry and Review Board, Appellants in 91-1398.

United States Court of Appeals, Third Circuit.

Decided September 9, 1991.

Rehearing Denied October 8, 1991.

Attorney(s) appearing for the Case

David M. Donaldson, (argued), Howard M. Holmes, Administrative Office of Pennsylvania Courts, Philadelphia, Pa., for appellees/cross-appellants Disciplinary Bd. of the Supreme Court of Pennsylvania, Robert H. Davis, Jr., and Pennsylvania Judicial Inquiry and Review Bd.

Samuel E. Klein, (argued), Katherine Hatton, Martin J. D'Urso, Kohn, Savett, Klein & Graf, P.C., Philadelphia, Pa., Stefan Presser, Franklin Fink, American Civil Liberties Union of Pennsylvania, Philadelphia, Pa., for appellant/cross-appellee Samuel C. Stretton.

Robert C. Heim, Jerome M. Marcus, Dechert Price & Rhoads, Philadelphia, Pa., for amicus curiae Pennsylvanians for Modern Courts.

Before COWEN, NYGAARD and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Code of Judicial Conduct in force in Pennsylvania states that candidates for a judicial office in an election may not announce their views on disputed legal or political issues. We predict that the state supreme court would construe the restriction to apply only to issues likely to come before the courts. Read in that fashion, the limitation meets constitutional standards and we, therefore, vacate an injunction...

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