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JOHNSON v. COM'N ON PRESIDENTIAL DEBATES

No. 16-7107.

869 F.3d 976 (2017)

Gary E. JOHNSON, et al., Appellants v. COMMISSION ON PRESIDENTIAL DEBATES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2017.

Attorney(s) appearing for the Case

Bruce E. Fein argued the cause for appellants. With him on the briefs were W. Bruce DelValle , Washington, DC.

Lewis K. Loss argued the cause for appellees. With him on the brief were Uzoma N. Nkwonta , Robert F. Bauer , Marc E. Elias , Elisabeth C. Frost , Washington, DC, Charles H. Bell Jr. , Sacramento, CA, John R. Phillippe, Jr. , and William D. Coglianese . Michael S. Steinberg , Washington, DC, entered an appearance.

Opinion concurring in Part I and concurring in the judgment filed by Circuit Judge Pillard.

Every four years, we suffer through the celebration of democracy (and national nightmare) that is a presidential election. And, in the end, one person is selected to occupy our nation's highest office. But in every hard-fought presidential election there are losers. And, with quadrennial regularity, those losers turn to the...

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