NORTH CAROLINA RIGHT TO LIFE v. LEAKE

Nos. 02-2052, 02-2053.

344 F.3d 418 (2003)

NORTH CAROLINA RIGHT TO LIFE, INCORPORATED; North Carolina Right to Life Political Action Committee; North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs-Appellees, v. Larry LEAKE, in his official capacity as Chairman of the North Carolina State Board of Elections; Genevieve C. Sims, in her official capacity as Secretary of the State Board of Elections; Robert Cordle, in his official capacity as a member of the State Board of Elections; Lorraine G. Shinn, in her official capacity as a member of the State Board of Elections; Charles Winfree, in his official capacity as a member of the State Board of Elections; Robert F. Johnson, in his official capacity as District Attorney for the North Carolina Prosecutorial District 15A; Roy Cooper, in his official capacity as the North Carolina Attorney General, Defendants-Appellants. North Carolina Right to Life, Incorporated; North Carolina Right to Life Political Action Committee; North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs-Appellants, v. Larry Leake, in his official capacity as Chairman of the North Carolina State Board of Elections; Genevieve C. Sims, in her official capacity as Secretary of the State Board of Elections; Robert Cordle, in his official capacity as a member of the State Board of Elections; Lorraine G. Shinn, in her official capacity as a member of the State Board of Elections; Charles Winfree, in his official capacity as a member of the State Board of Elections; Robert F. Johnson, in his official capacity as District Attorney for the North Carolina Prosecutorial District 15A; Roy Cooper, in his official capacity as the North Carolina Attorney General, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 2003.


Attorney(s) appearing for the Case

ARGUED: Alexander McClure Peters, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants.

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

ON BRIEF: Roy Cooper, North Carolina Attorney General, Susan K. Nichols, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Eric C. Bohnet, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellees.

Before WIDENER and MICHAEL, Circuit Judges, and Frank W. BULLOCK, Jr., United States District Judge for the Middle District of North Carolina, sitting by designation.


Affirmed in part and reversed in part by published opinion. Judge Bullock wrote the opinion, in which Judge Widener joined. Judge Michael wrote an opinion concurring in part and dissenting in part.

OPINION

BULLOCK, District Judge:

Appellees North Carolina Right to Life, Inc. ("NCRL"), North Carolina Right to Life Political Action Committee ("NCRLPAC"), and North Carolina Right to Life Committee Fund for Independent Political Expenditures ("NCRLC...

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