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EMILY'S LIST v. FEDERAL ELECTION COM'N.

No. 08-5422.

581 F.3d 1 (2009)

EMILY'S LIST, Appellant v. FEDERAL ELECTION COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 2009.

Attorney(s) appearing for the Case

Robert F. Bauer argued the cause for appellant. With him on the briefs were Ezra W. Reese and Brian G. Svoboda.

David Kolker, Associate General Counsel, Federal Election Commission, argued the cause for appellee. With him on the brief were Thomasenia P. Duncan, General Counsel, Harry J. Summers, Assistant General Counsel, and Vivien Clair, Attorney. Gregory J. Mueller, Attorney, entered an appearance.

Donald J. Simon, Fred Wertheimer, J. Gerald Hebert, Trevor Potter, and Paul S. Ryan were on the brief for amici curiae Campaign Legal Center and Democracy 21 in support of appellee.

Opinion concurring in part filed by Circuit Judge BROWN.

KAVANAUGH, Circuit Judge:

A non-profit group known as EMILY's List promotes abortion rights and supports pro-choice Democratic women candidates. It challenges several new Federal Election Commission regulations that restrict how non-profits may spend and raise money to advance their preferred policy positions and candidates. EMILY's List argues that the regulations violate the First Amendment.

The First Amendment, as interpreted by the Supreme Court, protects...

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