N.C. RIGHT TO LIFE COMMITTEE FUND v. LEAKE

No. 07-1454.

524 F.3d 427 (2008)

NORTH CAROLINA RIGHT TO LIFE COMMITTEE FUND FOR INDEPENDENT POLITICAL EXPENDITURES; North Carolina State Political Action Committee; W. Russell Duke, Jr., Plaintiffs-Appellants, and Barbara Jackson, Plaintiff, v. Larry LEAKE, in his official capacity as the Chairperson of the North Carolina Board of Elections; Lorraine G. Shinn, in her official capacity as a member of the North Carolina State Board of Elections; Charles Winfree, in his official capacity as a member of the North Carolina State Board of Elections; Genevieve C. Sims, in her official capacity as a member of the North Carolina State Board of Elections; Robert Cordle, in his official capacity as a member of the North Carolina State Board of Elections; Roy Cooper, in his official capacity as the Attorney General for the State of North Carolina; C. Colon Willoughby, Jr., in his official capacity as District Attorney for Wake County; Robert Stuart Albright, in his official capacity as District Attorney for Guilford County, and as a representative of the class of District Attorneys in the State of North Carolina, Defendants-Appellees, James R. Ansley; Common Cause North Carolina, Intervenors-Defendants-Appellees, and Keith M. Kapp; J. Michael Booe, in his official capacity as Vice-Chairperson of the North Carolina Bar Administrative Committee; David Benbow, in his official capacity as a member of the North Carolina Bar Administrative Committee; David Yates Bingham, in his official capacity as a member of the North Carolina Bar Administrative Committee; Gilbert W. Chichester, in his official capacity as a member of the North Carolina Bar Administrative Committee; Renny W. Deese, in his official capacity as a member of the North Carolina Bar Administrative Committee; Jim R. Funderburk, in his official capacity as a member of the North Carolina Bar Administrative Committee; John E. Gehrig, in his official capacity as a member of the North Carolina Bar Administrative Committee; Isaac Heard, Jr., in his official capacity as a member of the North Carolina Bar Administrative Committee; Patricia L. Holland, in her official capacity as a member of the North Carolina Bar Administrative Committee; Margaret Hunt, in her official capacity as a member of the North Carolina Bar Administrative Committee; Margaret McCreary, in her official capacity as a member of the North Carolina Bar Administrative Committee; David T. Phillips, in his official capacity as a member of the North Carolina Bar Administrative Committee; Fred D. Poisson, Sr., in his official capacity as a member of the North Carolina Bar Administrative Committee; Donald C. Prentiss, in his official capacity as a member of the North Carolina Bar Administrative Committee; Richard Roose, in his official capacity as a member of the North Carolina Bar Administrative Committee; Jan H. Samet, in her official capacity as a member of the North Carolina Bar Administrative Committee; Judy D. Thompson, in her official capacity as a member of the North Carolina Bar Administrative Committee, Defendants. Democracy North Carolina; American Judges Association; Campaign Legal Center, Incorporated; Center for Civic Policy; Demos: A Network for Ideas and Action; Illinois Campaign for Political Reform; League of Women Voters of the United States; League of Women Voters of North Carolina; Progressive Maryland; Public Citizen, Incorporated; Reform Institute; S. Gerald Arnold; G.K. Butterfield; J. Phil Carlton; Henry E. Frye; K. Edward Greene; Harry C. Martin; Francis I. Parker; Willis P. Whichard, Amici Supporting Appellee.

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 Appellants. Alexander McClure Peters, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina; Deborah Goldberg, Brennan Center for Justice, New York, New York, for Appellees. ON BRIEF: Anita Y. Woudenberg, Josiah Neeley, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellants. Roy Cooper, North Carolina Attorney General, Susan K. Nichols, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina; Suzanne Novak, Brennan Center for Justice, New York, New York; James G. Exum, Jr., Manning A. Connors, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellees. Erwin Chemerinsky, Duke University School of Law, Durham, North Carolina; Anita S. Earls, Durham, North Carolina, for Democracy North Carolina, Amicus Supporting Appellees. J. Gerald Hebert, Paul S. Ryan, Tara Malloy, The Campaign Legal Center, Inc., Washington, D.C., for American Judges Association, Campaign Legal Center, Incorporated, Center for Civic Policy, Demos: A Network for Ideas and Action, Illinois Campaign for Political Reform, League of Women Voters of the United States, League of Women Voters of North Carolina, Progressive Maryland, Public Citizen, Incorporated, Reform Institute, Amici Supporting Appellees. Bryce L. Friedman, James G. Gamble, Elaine M. Divelbliss, Simpson, Thacher & Bartlett, L.L.P., New York, New York, for S. Gerald Arnold, G.K. Butterfield, J. Phil Carlton, Henry E. Frye, K. Edward Greene, Harry C. Martin, Francis I. Parker, Willis P. Whichard, Amici Supporting Appellees.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge TRAXLER and Judge JONES joined.


OPINION

MICHAEL, Circuit Judge:

The plaintiffs, a former candidate for the North Carolina Supreme Court and two political action committees, challenge the constitutionality of three provisions of North Carolina's Judicial Campaign Reform Act, N.C. Sess. Laws 2002-158, codified at N.C. Gen.Stat. § 163-278.61 et seq. (the Act). The Act, which became law in 2002...

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