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MICHIGAN STATE CHAMBER OF COMMERCE v. AUSTIN

No. 84-1833.

788 F.2d 1178 (1986)

MICHIGAN STATE CHAMBER OF COMMERCE, a Michigan non-profit corporation, individually and for its members; E. James Barrett; Consumers Power Company, a Michigan corporation; the Detroit Edison Company, a Michigan corporation; and Michigan Consolidated Gas Company, a Michigan corporation, Plaintiffs-Appellants, v. Richard H. AUSTIN, in his capacity as Secretary of State of the State of Michigan, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1986.

Attorney(s) appearing for the Case

John D. Pirich, argued, Miller, Canfield, Paddock & Stone, Lansing, Mich., and Kirk D. Messmer, for plaintiffs-appellants.

Frank J. Kelly, Atty. Gen., Lansing, Mich., Gary P. Gordon and Richard P. Gartner, argued, for defendant-appellee.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and PORTER, Senior District Judge.

LIVELY, Chief Judge.

This appeal presents issues of justiciability. The plaintiffs sought a declaratory judgment that a Michigan statute limiting the amount corporations may contribute to a `'ballot question committee" violates the First Amendment guarantees of freedom of speech and association. The district court concluded that the action failed to present a case or controversy for adjudication upon determining that the...

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