MICHIGAN STATE AFL-CIO, a voluntary, unincorporated labor association; International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), a voluntary, unincorporated labor association; Metropolitan Detroit AFL-CIO; Seafarers International Union of North America, a voluntary, unincorporated labor association; Franklin D. Garrison; Edgar A. Scribner, Plaintiffs-Appellees,
v.
Candice MILLER, Secretary of State (95-1858), Defendant-Appellant,
Frank J. Kelley, Attorney General, Defendant,
Michigan Chamber of Commerce (95-1397), Proposed Intervenor-Appellant.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued May 17, 1996.
Decided January 7, 1997.
Attorney(s) appearing for the Case
Andrew Nickelhoff (argued), Theodore Sachs (briefed), Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, MI, for Michigan State AFL-CIO in both cases.
Theodore Sachs (briefed), Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, MI, for International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), Metropolitan Detroit AFL-CIO, Seafarer's International Union of North America, Franklin D. Garrison, Edgar A. Scribner in both cases.
John D. Pirich (argued and briefed), John S. Kane, Honigman, Miller, Schwartz & Cohn, Lansing, MI, for Michigan Chamber of Commerce in No. 95-1397.
Richard P. Gartner, Asst. Attorney Gen. (argued and briefed), Office of the Attorney General of Michigan, Lansing, MI, for Candice Miller in No. 95-1858.
John P. Pirich (argued and briefed), John S. Kane, Honigan, Miller, Schwartz & Cohn, Lansing, MI, for Michigan Chamber of Commerce, Amicus Curiae in No. 95-1858.
Thomas A. Baird, Okemos, MI, Kathleen Corkin Boyle, White, Przybylowicz, Schneider & Baird, Okemos, MI, for Michigan Education Association, Amicus Curiae in No. 95-1858.
Before: WELLFORD, NORRIS, and DAUGHTREY, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
NORRIS, J., delivered the opinion of the court, in which WELLFORD, J., joined. DAUGHTREY, J. (pp. 1253-56), delivered a separate dissenting opinion.
ALAN E. NORRIS, Circuit Judge.
In this consolidated appeal, the Michigan secretary of state challenges the district court's order preliminarily enjoining enforcement of Mich. Comp. Laws Ann. § 169.255(6) (West 1996), a section of the Michigan Campaign Finance Act requiring labor unions to obtain affirmative...
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