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U.S. DEFENSE COMMITTEE v. FEDERAL ELECTION COM'N

No. 138, Docket 88-6127.

861 F.2d 765 (1988)

UNITED STATES DEFENSE COMMITTEE and Patrick Reilly, Appellants, v. FEDERAL ELECTION COMMISSION and William F. Smith, in his official capacity as Attorney General of the United States, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 7, 1988.

Attorney(s) appearing for the Case

Frank M. Northam, Washington, D.C. (Webster, Chamberlain & Bean, of counsel), for appellants.

Jonathan A. Bernstein, Washington, D.C. (Lawrence M. Noble, Gen. Counsel, Richard B. Bader, Associate Gen. Counsel, Washington, D.C., of counsel), for appellee Federal Election Com'n.

Before OAKES and ALTIMARI, Circuit Judges.

OAKES, Circuit Judge:

This case presents the question whether an advisory opinion rendered by an administrative agency is reviewable. The advisory opinions in this case were sought by the United States Defense Committee ("USDC") and Patrick Reilly. USDC is a non-profit corporation exempt from federal income tax under 26 U.S.C. § 501(c)(4) (1982) which lobbies on national defense and foreign policy issues. Its membership includes individuals, partnerships and...

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