*2 sion, 1558, 734 F.2d I dissent from the WALD, STARR, and Before BORK Cir- majority’s decision in this case. Judges. cuit

Opinion by for the filed Court Circuit

Judge WALD.

Dissenting opinion by Judge filed Circuit

STARR.

WALD, Judge: Circuit

For the in reasons set forth our today in

opinion Kennedy issued Presi for

dent Committee v. Federal Election Com

mission, 1558, 734 F.2d we vacate the repayment order as to the Commission’s WEST VIRGINIA ASSOCIATION OF (Commit Reagan for President Committee CENTERS, COMMUNITY HEALTH tee) proceedings remand for further and INC., al., Appellants et opinion in No. consistent with our 83-1521. in Kennedy found President As we v. for Committee, section 9038 of title 26 re HECKLER, Margaret Secretary, M. repayment quires that orders be limited to Health & Human Services. the amount of federal funds that the Com No. 83-2113. reasonably spent determines were mission unqualified purposes. by the Committee for United Appeals, States Court of regulations The establish an Commission’s District of Columbia Circuit. presumption unquali that all unreasonable expenditures paid entirely fied are out of 9, Argued March 1984. analysis ap federal funds. Because our 18, May Decided 1984. plies campaigns in equally to that end a surplus, that a deficit and to those end with holding Kennedy

our in President for camp to Committee extends both kinds of

aigns.1 (argu Committee Brief at 13 Cf. ing repayment that the formu- Commission procedural posture

1. The of this of case is also the the doctrine We find that decision. its final Kennedy same as President does not Committee in all remedies of administrative exhaustion for respects. Reagan relevant The the dis- judicial of Committee review pose to an obstacle repayment Kennedy raised the formula issue President months be- case. See pute in this for decision, Committee, fore the FEC made its final and the 2. n. at 1560 FEC addressed the contention on the merits in