VIRGINIA SOC. FOR HUMAN LIFE v. FEC

Nos. 00-1252, 00-1332.

263 F.3d 379 (2001)

VIRGINIA SOCIETY FOR HUMAN LIFE, INCORPORATED, Plaintiff-Appellee, v. FEDERAL ELECTION COMMISSION, Defendant-Appellant. Virginia Society for Human Life, Incorporated, Plaintiff-Appellant, v. Federal Election Commission, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 17, 2001.


Attorney(s) appearing for the Case

ARGUED: David Brett Kolker, Federal Election Commission, Washington, DC, for Appellant.

James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellee.

ON BRIEF: Lawrence M. Noble, General Counsel, Richard B. Bader, Associate General Counsel, Federal Election Commission, Washington, DC, for Appellant.

James R. Mason, III, Bopp, Coleson & Bostrom, Terre Haute, Indiana; Virginia Society for Human Life, Richmond, Virginia, for Appellee.

Before WILLIAMS and MICHAEL, Circuit Judges, and CYNTHIA H. HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.


OPINION

MICHAEL, Circuit Judge:

The Virginia Society for Human Life, Inc. (VSHL) sued the Federal Election Commission (FEC), seeking a declaration that 11 C.F.R. § 100.22(b), a regulation defining "express advocacy" for purposes of the Federal Election Campaign Act (FECA), is unconstitutional. VSHL also sought an injunction prohibiting the FEC from enforcing the regulation and an order directing the FEC to open a rulemaking to consider repeal of the...

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