MINNESOTA CITIZENS CONCERNED FOR LIFE v. SWANSON

No. 10-3126.

640 F.3d 304 (2011)

MINNESOTA CITIZENS CONCERNED FOR LIFE, INC.; The Taxpayers League of Minnesota; Coastal Travel Enterprises, LLC, Plaintiffs-Appellants, v. Lori SWANSON, Minnesota Attorney General, in her official capacity; Bob Milbert; John Scanlon; Terri Ashmore; Hilda Bettermann; Felicia Boyd; Greg McCullough, Minnesota Campaign Finance and Public Disclosure Board Members, in their official capacities; Raymond Krause, Chief Administrative Law Judge of the Minnesota Office of Administrative Hearings, in his official capacity; Eric Lipman, Assistant Chief Administrative Law Judge of the Minnesota Office of Administrative Hearings, in his official capacity; Manuel Cervantes; Beverly Heydinger; Richard Luis; Steve Mihalchick; Barbara Neilson; Kathleen Sheehy, Administrative Law Judges of the Minnesota Office of Administrative Hearings, in their official capacities; Michael Freeman, Hennepin County Attorney, in his official capacity, Defendants-Appellees. Campaign Legal Center; Democracy 21; and The Brennan Center for Justice, NYU School of Law, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 16, 2011.


Attorney(s) appearing for the Case

James Bopp, Jr. , argued, Terre Haute, IN, Richard E. Coleson , Joseph E. LaRue , and Kaylan L. Phillips , Terre Haute, IN, and James R. Magnuson , Minneapolis, MN, on the brief, for appellants.

Alan Gilbert , argued, St. Paul, MN, Michael O. Freeman , Daniel P. Rogan, Sr. Assistant County Attorney, Jean Burdof and Beth Stack , Assistant County Attorneys, Minneapolis, MN, Alan Gilbert , Solicitor General, John S. Garry and Kristyn Anderson , AAG, St. Paul, MN, on the brief, for appellees.

Monica Youn , Mark Ladov , and Mimi Marziana , New York, NY, amici curiae for The Brennan Center for Justice at NYU School of Law.

J. Gerald Hebert , Tara Malloy , and Paul S. Ryan , Washington, DC, amici curiae for Campaign Legal Center.

Donald J. Simon and Fred Wertheimer , Washington, DC, amici curiae for Democracy 21.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Minnesota Citizens Concerned for Life, Inc., The Taxpayers League of Minnesota, and Coastal Travel Enterprises, LLC, (collectively "Minnesota Citizens") are Minnesota corporations challenging several provisions of Minnesota's corporate election laws. Specifically, Minnesota Citizens seeks to invalidate (1) Minnesota's ban on corporations making direct contributions to candidates and political parties...

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