TENNESSEE REPUBLICAN PARTY v. S.E.C.

Nos. 16-3360/3732.

863 F.3d 507 (2017)

TENNESSEE REPUBLICAN PARTY (16-3360); Georgia Republican Party and New York Republican State Committee (16-3732), Petitioners, v. SECURITIES AND EXCHANGE COMMISSION; Municipal Securities Rulemaking Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2017.


Attorney(s) appearing for the Case

ARGUED: Jason Torchinsky , HOLTZMAN VOGEL JOSEFIAK TORCHINSKY, Warrenton, Virginia, for Petitioners. Daniel Staroselsky , SECURITIES AND EXCHANGE COMMISSION, Washington, D.C., for Respondent Securities and Exchange Commission. Carter G. Phillips , SIDLEY AUSTIN LLP, Washington, D.C., for Respondent Municipal Securities Rulemaking Board. ON BRIEF: Jason Torchinsky , HOLTZMAN VOGEL JOSEFIAK TORCHINSKY, Warrenton, Virginia, H. Christopher Bartolomucci , Edmund G. LaCour Jr. , KIRKLAND & ELLIS LLP, Washington, D.C., for Petitioners. Daniel Staroselsky, Jeffrey A. Berger , SECURITIES AND EXCHANGE COMMISSION, Washington, D.C., for Respondent Securities and Exchange Commission. Joseph R. Guerra , Eric D. McArthur , SIDLEY AUSTIN LLP, Washington, D.C., Michael L. Post , MUNICIPAL SECURITIES RULEMAKING BOARD, Washington, D.C., for Respondent Municipal Securities Rulemaking Board. Allen Dickerson , CENTER FOR COMPETITIVE POLITICS, Alexandria, Virginia, Tara Malloy , THE CAMPAIGN LEGAL CENTER, Washington, D.C., for Amici Curiae.

Before: DAUGHTREY, MOORE, and KETHLEDGE, Circuit Judges.


OPINION

Petitioners, the Tennessee Republican Party, the Georgia Republican Party, and the New York Republican State Committee, have challenged the legality of amendments to rules ("2016 Amendments") proposed by Respondent Municipal Securities Rulemaking Board ("MSRB") and that are "deemed to have been...

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