United States DC Circuit

The President had authority under the Constitution, to issue an Executive Order providing that no federal entity receiving federal assistance for a construction project may either require bidders or contractors to enter, or prohibit them from entering, a project labor agreement; the order is not preempted by the National Labor Relations Act.

Appellate Information

• Argued 05/10/2002
• Decided 07/12/2002
• Published 07/12/2002

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Roscoe C. Howard Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, Alisa B. Klein and Ara B. Gershengorn, Attorneys., Jerry W. Kilgore, Attorney General, State of Virginia, Roger L. Chaffe, Senior Assistant Attorney General and Chief, and William E. Thro, Special Assistant Attorney General, were on the brief for amicus curiae Commonwealth of Virginia in support of appellants., Stephen A. Bokat, Maurice Baskin and Glenn Taubman were on the brief for amici curiae Chamber of Commerce of the United States, et al. in support of appellants.


• For Appellees:
  
• Victoria L. Bor argued the cause for appellees.   With her on the brief were Laurence J. Cohen, Terry R. Yellig, Michael B. Roger and Sandra Benson., John Gaal and Arnon D. Siegel were on the brief for amicus curiae New York Thruway Authority in support of appellees., Albert H. Meyerhoff, Stanley S. Mallison, Stephen J. Burton, David L. Hashmall, Gary L. Lieber, Katherine Brewer and Jonathan Cuneo were on the brief for amici curiae Sierra Club, et al. in support of appellees., Eliot Spitzer, Attorney General, State of New York, Seth Kupferberg, Assistant Attorney General, Bill Lockyer, Attorney General, State of California, Manuel M. Medeiros, State Solicitor General, J. Joseph Curran Jr., Attorney General, State of Maryland, Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts, were on the brief for amici curiae State of New York, et al. in support of appellees.