TOLEDO AREA AFL-CIO COUNCIL v. PIZZA

No. 97-3298.

154 F.3d 307 (1998)

TOLEDO AREA AFL-CIO COUNCIL, et al., Plaintiffs-Appellees, v. Anthony G. PIZZA, et al., Defendants, Bob Taft and The Ohio Elections Commission, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1998.


Attorney(s) appearing for the Case

Andrew Nickelhoff (argued and briefed), Eileen Nowikowski, Sachs, Waldman, O'Hare, Bogas & McIntosh, Detroit, Michigan; Stewart R. Jaffy, Stewart Jaffy & Associates, Columbus, Ohio, for Toledo Area AFL-CIO Council.

Andrew Nickelhoff (argued and briefed), Eileen Nowikowski, Sachs, Waldman, O'Hare, Bogas & McIntosh, Detroit, Michigan; Stewart R. Jaffy, Stewart Jaffy & Associates, Columbus, Ohio; Jennifer L. Brunner, Brunner & Brunner, Columbus, Ohio, for Ohio State AFL-CIO, American Federation of State County and Municipal Employees, Seafarer's International Union of North America and William A. Burga.

Andrew Nickelhoff (argued and briefed), Sachs, Waldman, O'Hare, Bogas & McIntosh, Detroit, Michigan; Stewart R. Jaffy, Stewart Jaffy & Associates, Columbus, Ohio; Jennifer L. Brunner, Brunner & Brunner, Columbus, Ohio, for Dal Lawrence.

David M. Gormley (briefed), Office of the Attorney General of Ohio, Columbus, Ohio; Jeffrey S. Sutton (argued and briefed), State Solicitor, Columbus, Ohio, for Anthony Pizza, Bob Taft and Ohio Elections Commission.

Christine A. Reardon (briefed), Kalniz, Iorio & Feldstein, Toledo, Ohio; Donald J. McTigue (briefed), McTigue & Brooks, Columbus, Ohio, for Ohio Education Association and United Automobile Workers of America Regions 2 and 2B.

Before: MERRITT, KENNEDY, and BOGGS, Circuit Judges.


BOGGS, J., delivered the opinion of the court, in which KENNEDY, J., joined. MERRITT, J. (pp. 327-28), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Several labor unions and union officials1 brought a facial challenge to various portions of Ohio's Campaign Finance Reform Act shortly before it was to take effect on August 23, 1995. The United States District Court for the Northern District of Ohio...

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