United States DC Circuit

Regulations construing an amendment to the Postal Reorganization Act, 39 U.S.C. section 3626(j)(1)(B), as barring use of a reduced postage rate for mailings promoting commercially available insurance, exceeded the Postal Service's delegated authority under section 3626(j)(1)(B).

Appellate Information

• Argued 02/13/2003
• Decided 03/14/2003
• Published 03/14/2003

Judges

• Before:  EDWARDS, HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Edward Himmelfarb, Attorney, United States Department of Justice, argued the cause for appellant.   With him on the briefs were Roscoe C. Howard, Jr., United States Attorney, and Anthony J. Steinmeyer, Assistant Director, United States Department of Justice.  R. Craig Lawrence and Vincent H. Cohen, Jr., Assistant United States Attorneys, entered appearance.


• For Appellees:
  
• Geoffrey W. Peters argued the cause and filed the brief for appellee Aid Association for Lutherans., William J. Olson, John S. Miles, and Herbert W. Titus were on the brief for amicus curiae Free Speech Defense and Education Fund, Inc. in support of appellee., Sheila J. Carpenter argued the cause for appellee American Bar Endowment.   With her on the brief was Richard Littell.