MARIANI v. U.S.

No. 99-3875.

212 F.3d 761 (2000)

Renato P. MARIANI, Plaintiff v. UNITED STATES of America, Defendant Federal Election Commission (Intervenor in D.C.).

United States Court of Appeals, Third Circuit.

Filed May 18, 2000.


Attorney(s) appearing for the Case

Floyd Abrams (Argued), Susan Buckley, Cahill, Gordon & Reindel, New York, N.Y., Thomas Colas Carroll, Mark E. Cedrone, Carroll & Cedrone, Philadelphia, PA, for Plaintiff Renato P. Mariani.

Lawrence M. Noble, General Counsel, Richard B. Bader, Associate General Counsel, David Kolker (Argued), Federal Election Commission, Washington, DC, for Intervenor Federal Election Commission.

David W. Ogden, Acting Assistant Attorney General, David M. Barasch, United States Attorney, Bruce Brandler, Assistant United States Attorney, Harrisburg, PA, Douglas N. Letter, Michael S. Rabb (Argued), Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for United States of America.

Glen J. Moramarco, Brennan Center for Justice at NYU School of Law, New York, N.Y., Fred Wertheimer, Washington, DC, Donald J. Simon, Sonosky, Chambers, Sachse & Endreson, Washington, DC, for Amici Curiae Brennan Center for Justice at NYU School of Law, Common Cause, and Democracy 21.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, and BARRY, Circuit Judges.


Argued En Banc: February 16, 2000.

OPINION OF THE COURT

BECKER, Chief Judge.

This proceeding is before us pursuant to 2 U.S.C. § 437h, which channels constitutional challenges to the Federal Election Campaign Act, 2 U.S.C. § 431 et seq. ("FECA"), as amended, directly to the en banc Court of Appeals. The present challenge was filed in the District Court for the Middle District of Pennsylvania by Renato P. Mariani. A criminal indictment...

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