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Citizens United v. Federal Election Commission

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 18, 2008

CITIZENS UNITED, PLAINTIFF,
v.
FEDERAL ELECTION COMMISSION, DEFENDANT.

(Three-Judge Court)

MEMORANDUM OPINION

This case returns to us on cross motions for summary judgment. Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); Mills v. Winter, 540 F. Supp. 2d 178, 183 (D.D.C. 2008). There are no genuine issues of material fact presented in this case. Based on the reasoning of our prior opinion, we find that the Federal Election Commission is entitled to judgment as a matter of law. See Citizens United v. FEC, 530 F. Supp. 2d 274 (D.D.C. 2008) (denying Citizens United's request for a preliminary injunction). Therefore, plaintiff's motion [52] for summary judgment will be DENIED, and defendant's motion [55] for summary judgment will be GRANTED.*fn1 Accordingly, judgment will be entered for defendant.

A separate order shall issue this date.

Signed by United States Circuit Judge A. Raymond Randolph, and United States District Judges Royce C. Lamberth and Richard W. Roberts, on July 18, 2008.


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