RNC (Cao) v. FEC: Appellee-defendant FEC’s motion to dismiss or affirm

May 1, 2010

Motion of the FEC to dismiss or affirm. The question presented is whether the three-judge district court correctly held that the “soft money” provisions of Section 101 of the Bipartisan Campaign Reform Act of 2002, 116 Stat. 82, are constitutional as applied to the Republican National Committee, its Chairman, and its state and local affiliates. Appellee argues that the appeal should be dismissed for lack of a substantial federal question. In the alternative, the judgment of the district court should be affirmed. 

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