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NEW YORK REPUBLICAN STATE COMMITTEE v. S.E.C.

Nos. 14-1194, 14-5242.

799 F.3d 1126 (2015)

NEW YORK REPUBLICAN STATE COMMITTEE and Tennessee Republican Party, Petitioners v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 25, 2015.

Attorney(s) appearing for the Case

Jason B. Torchinsky argued the cause for petitioners. With him on the briefs were H. Christopher Bartolomucci , Erin E. Murphy , and Brian J. Field.

Allen Dickerson was on the brief for amicus curiae Financial Services Institute, Inc. in support of appellants.

Jeffrey A. Berger , Senior Litigation Counsel, Securities and Exchange Commission, argued the cause for respondent. With him on the brief were Michael A. Conley , Deputy General Counsel, Jacob H. Stillman , Solicitor, and Jacob R. Loshin , Attorney. Thomas J. Karr , Assistant Attorney General, entered an appearance.

Ronald A. Fein was on the brief for amicus curiae Free Speech For People in support of respondent.

Muhammad Umair Khan was on the brief for amicus curiae Letitia James, New York City Public Advocate, and Trustee of the New York City Employees' Retirement System in support of appellee/respondent.

J. Gerald Hebert , Lawrence M. Noble , Fred Wertheimer , and Donald J. Simon were on the brief for amici curiae The Campaign Legal Center and Democracy 21 in support of respondent-appellee.

Opinion for the Court filed by Circuit Judge PILLARD.

The New York Republican State Committee and the Tennessee Republican Party ("the plaintiffs") sued the Securities and Exchange Commission to invalidate a four-year-old rule, promulgated under the Investment Advisers Act of 1940, regulating campaign contributions by investment advisers. The district court dismissed the suit...

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