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F.E.C. v. COLORADO REPUB. FED. CAMPAIGN COMMITTEE

No. 99-1211.

213 F.3d 1221 (2000)

FEDERAL ELECTION COMMISSION, Plaintiff-Counter-Defendant-Appellant, v. COLORADO REPUBLICAN FEDERAL CAMPAIGN COMMITTEE, Defendant-Counter-Plaintiff-Appellee. Democratic Senatorial Campaign Committee; Democratic Congressional Campaign Committee; Common Cause; Democracy 21; The Brennan Center for Justice at New York University School of Law, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 5, 2000.

Attorney(s) appearing for the Case

David Kolker (Lawrence M. Noble, General Counsel, and Richard B. Bader, Associate General Counsel, with him on the briefs), Federal Election Commission, Washington, DC, appearing for Appellant.

Jan Witold Baran (Thomas W. Kirby, Carol A. Laham, and Kirk L. Jowers, with him on the brief), Wiley, Rein & Fielding, Washington, DC, appearing for Appellee.

Robert F. Bauer and Marc E. Elias, Perkins Coie, LLP, Washington, DC, filed an amicus curiae brief for Democratic Senatorial Campaign Committee and Democratic Congressional Campaign Committee on behalf of Appellant.

Roger M. Witten, Daniel H. Squire, and Nicholas Coleman, Wilmer, Cutler & Pickering, Washington, DC; Fred Wertheimer, Democracy 21, Washington, DC; and Donald J. Simon, Common Cause, Washington, DC, filed an amicus curiae brief for Common Cause and Democracy 21 on behalf of Appellant.

Nancy Northup and Elizabeth Daniel, Brennan Center for Justice at New York University School of Law, New York, New York, filed an amicus curiae brief on behalf of Appellant.

Before SEYMOUR, Chief Judge, TACHA, and KELLY, Circuit Judges.

TACHA, Circuit Judge.

Section 441a(d)(3) of the Federal Election Campaign Act, 2 U.S.C. §§ 431-455, limits the amount of money a political party may spend in coordination with its candidates for Congress. The Federal Election Commission (FEC) appeals the district court's ruling that this limitation violates the First Amendment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

We analyze § 441a(d)(3) within...

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