United States Second Circuit

In suit by plaintiffs who consolidated their student loans under the Federal Family Education Loan Program who allege injuries from the Deficit Reduction Act of 2005, and further allege that the DRA was unconstitutional as the bill passed by the House of Representatives was not identical to the bill passed earlier by the Senate and presented later to the President, dismissal of plaintiffs' constitutional claims is affirmed where the "enrolled bill rule" articulated in Marshall Field & Co. v. Clark, 143 U.S. 649 (1892), requires dismissal.

Appellate Information

• Decided 07/19/2007
• Published 07/23/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  WINTER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John J. Witmeyer III (Matthew C. Ferlazzo, Jon R. Grabowski, on the brief), Ford Marrin Esposito Witmeyer & Gleser LLP, New York, NY, for Plaintiffs-Appellants., Allison M. Zieve, Adina H. Rosenbaum, Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for Amicus Public Citizen in Support of Plaintiffs-Appellants., Steven A. Hitov, Jane Perkins, National Health Law Program, Washington, DC, for Amici Representatives Henry A. Waxman, Nancy Pelosi, John D. Dingell, Charles B. Rangel, Pete Stark, George Miller, James L. Oberstar, Louise McIntosh Slaughter, Sherrod Brown, Bennie G. Thompson in Support of Plaintiffs-Appellants.


• For Appellees:
  
• Robert William Yalen, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Kathy S. Marks, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Defendants-Appellees.