CONSUMERS UNION OF U.S., INC., et al., Plaintiffs,
v.
FEDERAL TRADE COMMISSION, et al., Defendants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 12, 1982.
Decided October 22, 1982.
Attorney(s) appearing for the Case
J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., with whom Stanley S. Harris, U. S. Atty., Anthony J. Steinmeyer and Douglas Letter, Attys., Dept. of Justice, Washington, D. C., were on the brief for F.T.C.
Ellen Broadman, Washington, D. C., with whom Mark Silbergeld and Alan B. Morrison, Washington, D. C., were on the brief for Consumers Union of United States, Inc., et al.
Stanley M. Brand, Gen. Counsel to the Clerk, U. S. House of Representatives, Washington, D. C., with whom Steven R. Ross, Deputy Counsel to the Clerk, U. S. House of Representatives and Eugene Gressman, Washington, D. C., were on the brief for U. S. House of Representatives.
Charles Tiefer,* Asst. Senate Legal Counsel, U. S. Senate, Washington, D. C., with whom Michael Davidson, Senate Legal Counsel, M. Elizabeth Culbreth, Deputy Senate Legal Counsel, U. S. Senate, Washington, D. C., were on the brief for U. S. Senate.
Robert C. Eckhardt and Herman Schwartz, Washington, D. C., were on the brief, for Waxman, et al., amici curiae urging unconstitutionality of the veto.
William H. Mellor, III, and Maxwell A. Miller, Denver, Colo., were on the brief for Mountain States Legal Foundation, et al., amici curiae urging constitutionality of the veto.
Walter E. Huizenga, Oakton, Va., was on the brief for National Auto. Dealers Ass'n, amicus curiae urging constitutionality of the veto.
Before ROBINSON, Chief Judge, and WRIGHT, TAMM, MacKINNON, WILKEY, EDWARDS, GINSBURG and BORK, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Argued En Banc 12 October 1982.
Opinion PER CURIAM.
PER CURIAM.
This case involves three questions certified to us by the District Court pursuant to Section 21(f)(1) of the Federal Trade Commission Improvements Act of 1980 (FTCIA).1 All three questions concern the constitutionality of Section 21(a) of that Act, which requires the Federal Trade Commission (FTC), after promulgating any final rule, to submit such rule to Congress...
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