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DAGGETT v. COMMISSION ON GOVERN. ETHICS AND ELEC.

Nos. 99-2243, 99-2274, 00-1061 and 00-1066.

205 F.3d 445 (2000)

Beverly C. DAGGETT, Elaine Fuller, Christopher M. Harte, Mark T. Cenci, Jeffrey I. Weinstein, Shawn Levasseur, and Libertarian Party of Maine, Plaintiffs, Appellants, Rollin Stearns, National Right to Life Political Action Committee State Fund, and Maine Right to Life Committee Political Action Committee State Candidate Fund, Plaintiffs, v. COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, Peter B. Webster, Linda W. Cronkite, Harriet P. Henry, G. Calvin MacKenzie, Merle R. Nelson, in Their Official Capacities as Members of The Commission on Governmental Ethics and Elections Practices of The State of Maine, Secretary of State of Maine, and Attorney General of Maine, Defendants, Appellees. Beverly C. Daggett, Elaine Fuller, Christopher M. Harte, Mark T. Cenci, Jeffrey I. Weinstein, Shawn Levasseur, and Libertarian Party of Maine, Plaintiffs, Rollin Stearns, Maine Right to Life Committee Political Action Committee State Fund, and National Right to Life Political Action Committee State Fund, Plaintiffs, Appellants, v. Commission on Governmental Ethics and Election Practices, Peter B. Webster, Linda W. Cronkite, Harriet P. Henry, G. Calvin MacKenzie, Merle R. Nelson, in Their Official Capacities as Members of The Commission on Governmental Ethics and Elections Practices of the State of Maine, Secretary of State of Maine, and Attorney General of Maine, Defendants, Appellees. Beverly C. Daggett, Elaine Fuller, Christopher M. Harte, Mark T. Cenci, Jeffrey I. Weinstein, Shawn Levasseur, and Libertarian Party of Maine, Plaintiffs, Appellants, Rollin Stearns, National Right to Life Political Action Committee State Fund, and Maine Right to Life Committee Political Action Committee State Candidate Fund, Plaintiffs, v. Commission on Governmental Ethics and Election Practices, Peter B. Webster, Linda W. Cronkite, Harriet P. Henry, G. Calvin MacKenzie, Merle R. Nelson, in Their Official Capacities as Members of The Commission on Governmental Ethics and Elections Practices of the State of Maine, Secretary of State of Maine, and Attorney General of Maine, Defendants, Appellees. Beverly C. Daggett, Elaine Fuller, Christopher M. Harte, Mark T. Cenci, Jeffrey I. Weinstein, Shawn Levasseur, and Libertarian Party of Maine, Plaintiffs, Rollin Stearns, Maine Right to Life Committee Political Action Committee State Candidate Fund, and National Right to Life Political Action Committee State Fund, Plaintiffs, Appellants, v. Commission on Governmental Ethics and Election Practices, Peter B. Webster, Linda W. Cronkite, Harriet P. Henry, G. Calvin MacKenzie, Merle R. Nelson, in Their Official Capacities as Members of The Commission on Governmental Ethics and Elections Practices of the State of Maine, Secretary of State of Maine, and Attorney General of Maine, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Order Reheard February 15, 2000.

Decided February 18, 2000.

Opinion Decided March 7, 2000.

Attorney(s) appearing for the Case

Mark Lopez with whom Nat Rosenblatt was on brief for appellant Daggett.

James Bopp, Jr., with whom Eric C. Bohnet, Daniel M. Snow, and James R. Mason, III, were on brief for appellants Stearns, Maine Right to Life Committee Political Action Committee State Candidate Fund, and National Right to Life Political Action Committee State Fund.

Phyllis Gardner and Andrew Hagler, Assistant Attorney Generals, with whom Andrew Ketterer, Attorney General, and Paul Stern, Deputy Attorney General, were on brief for appellees.

Glenn J. Moramarco and John R. Brautigam, with whom Arn Pearson and Gillian E. Metzger, were on brief for amici curiae Betheda Edmonds, Kathleen McGee, Linda McKee, Peggy Pendleton, and Elizabeth Watson.

Brenda Wright and John Bonifaz on brief for amicus curiae Maine People's Alliance.

Before SELYA, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

ORDER OF COURT

Mindful of the imminent March 16, 2000, deadline for candidates for the Maine legislature who wish to seek qualification for public campaign funding, having made our best efforts to expedite these consolidated appeals, and having had the benefit of multiple briefings and two sets of oral presentations, we believe, in fairness to the litigants and others similarly situated, that we should announce our ultimate...

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