CONDON v. RENO

No. 97-2554.

155 F.3d 453 (1998)

Charlie CONDON, Attorney General for the State of South Carolina; State of South Carolina, Plaintiffs-Appellees, and South Carolina Press Association; Virginia Press Association; North Carolina Press Association; West Virginia Press Association; Maryland/Delaware/District of Columbia Press Association; The Newspaper Association of America; American Society of Newspaper Editors, Intervenors-Plaintiffs, v. Janet RENO, Attorney General of the United States; United States of America, Defendants-Appellants. Better Government Bureau, Incorporated; State of Alabama; State of Oklahoma; State of Idaho, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1998.


Attorney(s) appearing for the Case

ARGUED: Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Kenneth Paul Woodington, Senior Assistant Attorney General, Columbia, South Carolina, for Appellees. Thomas Henry Odom, II, Arter & Hadden, L.L.P., Washington, D.C., for Amici Curiae. ON BRIEF: Frank W. Hunger, Assistant Attorney General, J. Rene Josey, United States Attorney, Stephen W. Preston, Deputy Assistant Attorney General, Alisa B. Klein, Daniel Kaplan, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Charles Molony Condon, Attorney General, Treva Ashworth, Deputy Attorney General, Columbia, South Carolina, for Appellees. Gregory S. Feder, Marc R. Baluda, Arter & Hadden, L.L.P., Washington, D.C.; Bill Pryor, Attorney General, Billington M. Garrett, Assistant Attorney General, State of Alabama, Montgomery, Alabama; Jack Curtis, Assistant Attorney General, Department of Public Safety, Montgomery, Alabama; W.A. Drew Edmondston, Attorney General, James R. Johnson, Assistant Attorney General, Douglas F. Price, Assistant Attorney General, State of Oklahoma, Oklahoma City, Oklahoma; John K. Lindsey, General Counsel, Department of Public Safety, Oklahoma City, Oklahoma; Alan G. Lance, Attorney General, State of Idaho, Boise, Idaho, for Amici Curiae.

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge HAMILTON joined. Senior Judge PHILLIPS wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

The Attorney General of the State of South Carolina (the State) challenged the constitutionality of the Driver's Privacy Protection Act (DPPA), see 18 U.S.C.A. §§ 2721-2725 (West Supp.1998), in the United States District Court for the District...

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