NORTH CAROLINA RIGHT TO LIFE, INC. v. LEAKE

Nos. 07-1438, 07-1439.

525 F.3d 274 (2008)

NORTH CAROLINA RIGHT TO LIFE, INCORPORATED, Plaintiff-Appellant, and North Carolina Right to Life Political Action Committee; North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs, v. Larry LEAKE, in his official capacity as Chairman of the North Carolina State Board of Elections; Roy Cooper; 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 North Carolina Prosecutorial District 15A, Defendants-Appellees. 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; Roy Cooper; 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 North Carolina Prosecutorial District 15A, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 1, 2008.


Attorney(s) appearing for the Case

ARGUED: James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant/Cross-Appellees. Susan Kelly Nichols, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Richard E. Coleson, Jeffrey P. Gallant, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant/Cross-Appellees. Roy Cooper, Attorney General, Alexander McC. Peters, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees/Cross-Appellants.

Affirmed in part and reversed in part by published opinion. Judge WILKINSON wrote the majority opinion, in which Chief Judge WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion.


OPINION

WILKINSON, Circuit Judge:

In this case, North Carolina Right to Life, Inc. ("NCRL") and two of its affiliated political committees challenge the constitutionality of various provisions of North Carolina's law governing the financing of political campaigns. For the reasons that follow, we hold that the provisions in question violate the First and Fourteenth Amendments — and are hence unenforceable...

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