Virginians Against a Corrupt Congress v. Moran

MEMORANDUM

OBERDORFER, District Judge.

An Order issued earlier this date referred to a Memorandum to be filed. This is that Memorandum.

I. Background

This action is a constitutional challenge to certain mailings made by a member of Congress under the franking privilege to residents outside his current Congressional district. Defendant James P. Moran is presently a member of the United States House of Representatives from Virginia’s Eighth Congressional District. Plaintiffs are supporters of Kyle McSlarrow, Moran’s challenger in the 1992 election. Plaintiffs challenge defendant’s out-of-district…