Legal Opinion · Concurring in part, dissenting in part
Federal Election Commission v. Political Contributions Data, Inc.
Court of Appeals for the Second Circuit
Decided June 17, 1993No. 1369, Docket 92-6240Published
1Concurring in part, dissenting in partJacobs, Circuit Judge
I concur with the majority as to the timeliness of the appellant’s fee application. I respectfully dissent because I do not believe that the district court abused its discretion in finding that the Commission was substantially justified in pursuing its position on the merits.
The Commission lost its claim on the merits — in the only way it could lose on the merits of that claim — upon a finding that it adopted an unreasonable interpretation of the “commercial purposes” provision of 2 U.S.C. § 438(a)(4) (1988) and its corresponding regulation, 11 C.F.R. § 104.15(c) (1991). See Federal Election…
2Cases cited8 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Price v. International Union, United Automobile, Aerospace & Agricultural Implement WorkersSupreme Court of the United States · 1988
- Dubose v. PierceCourt of Appeals for the Second Circuit · 1985
- Dubose v. PierceDistrict Court, D. Connecticut · 1984
- Federal Election Commission v. Political Contributions Data, Inc.Court of Appeals for the Second Circuit · 1991
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