COMMON CAUSE v. BOLGER

Civ. No. 1887-73.

512 F.Supp. 26 (1980)

COMMON CAUSE et al., Plaintiffs, v. William F. BOLGER et al., Defendants, and House Commission on Congressional Mailing Standards, Intervening Defendant, and United States Senate, Amicus Curiae.

United States District Court, District of Columbia.

December 11, 1980.


Attorney(s) appearing for the Case

Donald J. Simon, Ellen G. Block, Kenneth J. Guido, Jr., Washington, D. C., for Common Cause and John W. Gardner.

Steven Frank, Bruce E. Titus, Joseph Devereux, Trial Attorney, Civil Division, U. S. Dept. of Justice, Washington, D. C., for Benjamin F. Bailer and William B. Simon.

Edwin M. Zimmerman, Lawrence J. Jensen, Roger D. Kaplan, Dept. of Justice, Washington, D. C., for House Com'n on Congressional Mailing Standards.

Michael Davidson, Senate Legal Counsel, Washington, D. C., for the U. S. Senate, amicus curiae.

Before WILKEY, Circuit Judge, and PRATT and HART, District Judges.


MEMORANDUM OPINION.

PRATT, District Judge.

This action challenges the constitutionality of certain portions of the congressional franking statute, 39 U.S.C. § 3210 (1976 ed.). Plaintiffs, whose members include more than fifty candidates challenging incumbent members of Congress for election, contend that the statute is unconstitutional on its face and violates their First and Fifth Amendment rights by subsidizing the election of incumbent congressmen...

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