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AFL-CIO v. FEDERAL ELECTION COM'N

No. 02-5069.

333 F.3d 168 (2003)

AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS and DNC Services Corporation, Democratic National Committee, Appellees, v. FEDERAL ELECTION COMMISSION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2003.

Attorney(s) appearing for the Case

David B. Kolker, Attorney, Federal Election Commission, argued the cause for appellant. With him on the briefs was Richard B. Bader, Associate General Counsel.

Trevor Potter, Lisa J. Danetz and Lawrence M. Noble were on the brief for amicus curiae Campaign and Media Legal Center, et al. in support of appellant.

Laurence E. Gold argued the cause for appellees. With him on the brief were Joseph E. Sandler and Michael B. Trister.

James Bopp, Jr. and Raeanna S. Moore were on the brief for amicus curiae James Madison Center for Free Speech in support of appellees.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Opinion concurring in the judgment filed by Circuit Judge KAREN LeCRAFT HENDERSON.

TATEL, Circuit Judge.

Unique among federal administrative agencies, the Federal Election Commission has as its sole purpose the regulation of core constitutionally protected activity — "the behavior of individuals and groups only insofar as they act, speak and associate for political purposes." FEC v. Machinists...

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