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United States DC Circuit


Public Citizen v. U.S. Dist. Court for the Dist. of Columbia, 06-5232

In suit claiming that the Deficit Reduction Act of 2005 is invalid as the bill that was presented to the President did not first pass both chambers of Congress in the exact same form, dismissal of suit under Marshall Field & Co. v. Clark, 143 U.S. 649 (1892) is affirmed as the enrolled bill rule controls.

Appellate Information

  • Argued 02/09/2007
  • Decided 05/29/2007
  • Published 05/29/2007

Judges

  • Before:  TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Allison M. Zieve argued the cause for appellant.   With her on the briefs were Adina H. Rosenbaum, Brian Wolfman, and Scott L. Nelson., Martha Jane Perkins was on the brief for amici curiae Representatives Henry R. Waxman, et al. in support of appellant urging reversal.

  • For Appellees:
  • Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Mark B. Stern, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Michael F. Altschul and Helgi C. Walker were on the brief for amicus curiae CTIA-The Wireless Association in support of appellee.
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