No. 02-1675
Vide 02-1674, 02-1676, 02-1702, 02-1727, 02-1733, 02-1734, 02-1740, 02-1747, 02-1753, 02-1755, 02-1756
Title:
National Rifle Association, et al., Appellants
v.
Federal Election Commission, et al.
Docketed:May 15, 2003
Lower Ct:United States District Court for the District of Columbia
  Case Nos.:(02-581, 02-582, 02-633, 02-751, 02-753, 02-754, 02-781, 02-874, 02-875, 02-877, 02-881 )
  Decision Date:May 2, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
May 6 2003 Statement as to jurisdiction filed. (Response due June 16, 2003)
May 12 2003 Application (02A951) for a stay of judgment pending appeal, submitted to The Chief Justice.
May 12 2003 Response to application from respondent Club for Growth, Inc., et al. filed.
May 13 2003 The application for a stay of judgment pending appeal (02A951) is denied without prejudice to its renewal if the District Court has not acted by Tuesday, May 20, 2003.
May 23 2003 Motion of appellees/cross appellants FEC, et al. for expedited briefing schedule filed by appellee.
May 23 2003 Response to jurisdictional statement from appellee Federal Election Commission, et al. filed.
May 23 2003 Response to jurisdictional statement from intervenor-appellees, John McCain, et al. filed. VIDED.
May 27 2003 Response to motion of FEC, et al. from appellees Emily Echols, et al. filed. VIDED.
May 30 2003 Waiver of right of appellees Emily Echols, et al. to respond filed. VIDED.
May 30 2003 Reply of FEC, et al. with respect to motion for expedited briefing schedule filed. VIDED.
Jun 2 2003 Motion Distributed June 5, 2003
Jun 5 2003 Motion of appellees/cross appellants FEC, et al. for expedited briefing schedule GRANTED.
Jun 5 2003 PROBABLE JURISDICTION NOTED. In these cases probable jurisdiction is noted. The cases are consolidated and a total of four hours is allotted for oral argument. The briefs of the parties who were plaintiffs in the District Court are to address the questions presented in the jurisdictional statements and are to be filed with the Clerk of the Court and served upon the parties who were defendants in the District Court on or before 3 p.m., Tuesday, July 8, 2003. The briefs of the parties who were defendants in the District Court are to be filed with the Clerk of the Court and served upon the parties who were plaintiffs in the District Court on or before 3 p.m., Tuesday, August 5, 2003. Any reply briefs by parties who were plaintiffs in the District Court are to be filed with the Clerk of the Court and served upon parties who were defendants in the District Court on or before 3 p.m., Thursday, August 21, 2003. The cases are set for oral argument at 10:00 a.m., Monday, September 8, 2003.
Jun 10 2003 Briefing proposal of NRA received.
Jun 13 2003 Blanket consent received from counsel for NRA, et al. for the filing of amicus briefs in 02-1675, et al.
Jun 19 2003 The briefs of the parties who were plaintiffs in the District Court are not to exceed 50 pages for the opening briefs and 20 pages for the reply briefs, except that the plaintiffs in No. 02-1674 may file an opening brief not to exceed 75 pages, and the political party plaintiffs in Nos. 02-1727, 02-1733, and 02-1753 may file a consolidated opening brief not to exceed 100 pages. The Solicitor General may file a brief not to exceed 140 pages, and the intervenor-defendants may file a brief not to exceed 75 pages.
Jul 8 2003 Brief of appellant National Rifle Association, et al., Appellants filed. VIDED.
Jul 14 2003 Motion for divided arguement filed by appellant.
Aug 4 2003 Motion for divided arguement filed by petitioner DENIED.
Aug 4 2003 The motion for divided argument of plaintiffs in Nos. 02-1674, 02-1727, 02-1733, 02-1734, 02-1753, 02-1755, and 02-1756 is granted, except that 60 minutes are allotted for argument on Title I and Section 213 of the Bipartisan Campaign Reform Act of 2002, and 50 minutes are allotted on the remainder of the challenged provisions. The motions of Emily Echols, et al., and Barret Austin O'Brock for divided argument is granted limited to 10 minutes for plaintiffs. The motions for divided argument of plaintiffs in Nos. 02-1675, 02-1740, and 02-1747 are denied. The motion of the Solicitor General for divided argument is granted.
Aug 8 2003 Motion for reconsideration of the motion for divided argument filed by appellants National Rifle Association, et al.
Aug 21 2003 Reply of appellants National Rifle Association, et al., Appellants filed. VIDED.
Aug 21 2003 20 copies of CD-ROM "Storyboards of Ads Attacking the NRA" supplemental submission received.
Sep 8 2003 ARGUED. Kenneth W. Starr, for McConnell, et al. plaintiffs; Bobby R. Burchfield, for Political Party, plaintiffs; Floyd Abrams, for McConnell, et al. plaintiffs; Laurence E. Gold, for AFL-CIO, plaintiffs; Jay A. Sekulow, for Echols, et al. plaintiffs. Theodore B. Olson, Solicitor General, for FEC, defendant; Seth P. Waxman, for Intervenor, defendant; Paul D. Clement, Deputy Solicitor General, for FEC, defendant
Nov 10 2003 Letter from counsel for petitioner National Right to Life Committee received and distributed. VIDED.
Dec 10 2003 Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Stevens and O'Connor, JJ., delivered the opinion of the Court with respect to BCRA Titles I and II, in which Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C.J., delivered the opinion of the Court with respect to BCRA Titles III and IV, in which O'Connor, Scalia, Kennedy, and Souter, JJ., joined, in which Stevens, Ginsburg, and Breyer, JJ., joined except with respect to BCRA Sec. 305, and in which Thomas, J., joined with respect to BCRA Secs. 304, 305, 307, 316, 319, and 403(b). Breyer, J., delivered the opinion of the Court with respect to BCRA Title V, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring with respect to BCRA Titles III and IV, dissenting with respect to BCRA Titles I and V, and concurring in the judgment in part and dissenting in part with respect to BCRA Title II. Thomas, J., filed an opinion concurring with respect to BCRA Titles III and IV, except for BCRA Secs. 311 and 318, concurring in the result with respect to BCRA Sec. 318, concurring in the judgment in part and dissenting in part with respect to BCRA Title II, and dissenting with respect to BCRA Titles I, V, and Sec. 311, in which opinion Scalia, J., joined as to Parts I, II-A, and II-B. Kennedy, J., filed an opinion concurring in the judgment in part and dissenting in part with respect to BCRA Titles I and II, in which Rehnquist, C.J., joined, in which Scalia, J., joined except to the extent the opinion upholds new FECA Sec. 323(e) and BCRA Sec. 202, and in which Thomas, J., joined with respect to BCRA Sec. 213. Rehnquist, C.J., filed an opinion dissenting with respect to BCRA Titles I and V, in which Scalia and Kennedy, JJ., joined. Stevens, J., filed an opinion dissenting with respect to BCRA Sec. 305, in which Ginsburg and Breyer, JJ., joined.
Jan 12 2004 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Charles J. Cooper Cooper & Kirk, PLLC(202) 220-9600
1500 K Street, N.W., Suite 200
Washington, DC  20005
Party name: National Rifle Association, et al., Appellants
 
Attorneys for Respondent:
Theodore B. Olson Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Room 5614
Washington, DC  20530-0001
 
Party name: Federal Election Commission, et al.
 
Jay Alan Sekulow American Center for Law & Justice(202) 546-8890
201 Maryland Ave., N.E.
Washington, DC  20002-5703
Party name: Emily Echols, et al.
 
Other:
Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
2445 M Street, N.W.
Washington, DC  20037
Party name: intervenor-appellees, John McCain, et al.