No. 07-5360.

528 F.3d 914 (2008)

Christopher SHAYS, Appellee/Cross-Appellant v. FEDERAL ELECTION COMMISSION, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2008.

Attorney(s) appearing for the Case

David Kolker, Associate General Counsel, Federal Election Commission, argued the cause for appellant/cross-appellee. With him on the briefs was Vivien Clair, Attorney. Gregory J. Mueller, Attorney, entered an appearance.

Sean P. Trende was on the brief of amicus curiae Center for Competitive Politics in support of appellant urging reversal.

Charles G. Curtis, Jr. argued the cause for appellee/cross-appellant. With him on the briefs were Michelle M. Umberger, David L. Anstaett, Lissa R. Koop, Roger M. Witten, Randolph D. Moss, Fred Wertheimer, and Donald J. Simon.

J. Gerald Hebert and Paul S. Ryan were on the brief of amicus curiae U.S. Senator Russell D. Feingold in support of appellee.

Before: TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Opinion for the court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Congress passed the McCainFeingold Act, formally known as the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub.L. No. 107-155, 116 Stat. 81, in an effort to rid American politics of two perceived evils: the corrupting influence of large, unregulated donations called "soft money," and the use of "issue ads" purportedly aimed at influencing...

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