RNC (Cao) v. FEC: Plaintiff’s brief in opposition to the defendant’s motion to dismiss

Feb 17, 2009

Plaintiffs Republican National Committee (“RNC”) et al. file this opposition to the Defendant Federal Election Commission’s (“FEC”) motion to dismiss, (Dkt. 20). On November 13, 2008, Plaintiffs filed their complaint alleging that § 101 of the Bipartisan Campaign Reform Act of 2002 (“BCRA”), Pub L. No. 107-155, 116 Stat. 81, 82-86, codified at 2 U.S.C. § 441i, was unconstitutional as applied to their intended activities. (Dkt. 1) (“Complaint”). In accordance with this Court’s scheduling order, (Dkt. 19), Plaintiffs filed their motion for summary judgment on January 26, 2009, (Dkt. 21). On that same day, the FEC filed its motion to dismiss, which argues that Plaintiffs’ constitutional challenge is precluded by res judicata. Plaintiffs respond accordingly.

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