IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

Benjamin Bluman,

 455 West 37th Street, Apt. 208 

 New York, NY 10018 

Dr. Asenath Steiman, 

 353 East 17th Street, Apt. 4G 

 New York, NY 10003

 Plaintiffs, 

v. 

Federal Election Commission, 

 999 E Street, NW 

 Washington, DC 20463,

 Defendant. 

CIVIL ACTION NO._______ 

THREE JUDGE COURT 

APPLICATION FOR THREE-JUDGE COURT 

AND MEMORANDUM IN SUPPORT 

 Plaintiffs respectfully request the appointment of a three-judge court to adjudicate this 

case, which involves a constitutional challenge to a provision of the Bipartisan Campaign 

Reform Act of 2002 (“BCRA”), Pub. L. No. 107-155, 116 Stat. 81. In support of their request, 

Plaintiffs submit the following memorandum of points and authorities. See LCvR 9.1. 

Points and Authorities

 Section 403 of BCRA provides that in any case “brought for declaratory or injunctive 

relief to challenge the constitutionality of any provision of this Act or any amendment made by 

this Act,” certain unique procedural rules shall apply. Among them: the action “shall be heard 

by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.” BCRA 

§ 403(a), 116 Stat. at 113-14. The referenced statutory provision, 28 U.S.C. § 2284, simply 

Case 1:10-cv-01766-RMU Document 2 Filed 10/19/10 Page 1 of 3
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provides that a “district court of three judges shall be convened when otherwise required by Act 

of Congress,” and explains the mechanism for appointment of such a court. 

 BCRA’s special procedural rules apply automatically to any constitutional challenge 

“filed on or before December 31, 2006.” BCRA § 403(d)(1). With respect to challenges filed 

after that date, the special provisions apply only if “the person filing such action elects such 

provisions to apply to the action.” BCRA § 403(d)(2). 

 Plaintiffs, in their Complaint, challenge the constitutionality under the First Amendment 

of § 303 of BCRA (codified at 2 U.S.C. § 441e), which restricts the speech rights of foreign 

nationals. See Complaint ¶¶ 1-3, 24-28. They seek declaratory and injunctive relief. Id. ¶ 3. 

Further, pursuant to § 403(d)(2) of BCRA, Plaintiffs elect the provisions of § 403(a) to apply to 

this action. Therefore, a three-judge court should be convened to hear this action. 

 

 

Dated: October 19, 2010 Respectfully submitted, 

_______________________ 

Warren Postman 

 D.C. Bar No. 995083 

Jacob M Roth 

 D.C. Bar No. 995090 

JONES DAY 

51 Louisiana Avenue N.W. 

Washington, DC 200001 

Telephone: (202) 879-3939 

Facsimile: (202) 626-1700 

wpostman@jonesday.com 

yroth@jonesday.com 

Counsel for Plaintiffs 

Case 1:10-cv-01766-RMU Document 2 Filed 10/19/10 Page 2 of 3
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

Benjamin Bluman,

 455 West 37th Street, Apt. 208 

 New York, NY 10018 

Dr. Asenath Steiman, 

 353 East 17th Street, Apt. 4G 

 New York, NY 10003

 Plaintiffs, 

v. 

Federal Election Commission, 

 999 E Street, NW 

 Washington, DC 20463,

 Defendant. 

CIVIL ACTION NO._______ 

[PROPOSED] ORDER 

[PROPOSED] ORDER 

 For the reasons set forth in Plaintiffs’ Application and supporting Memorandum, this 

Court hereby GRANTS Plaintiffs’ Application for a Three-Judge Court to adjudicate this case. 

It is SO ORDERED this _________ day of ____________, 2010. 

______________________ 

 United States District Judge 

 District of Columbia 

Case 1:10-cv-01766-RMU Document 2 Filed 10/19/10 Page 3 of 3