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UNITED PRESBYTERIAN CHURCH IN THE U.S.A. v. REAGAN

No. 83-1012.

738 F.2d 1375 (1984)

UNITED PRESBYTERIAN CHURCH IN THE U.S.A., et al., Appellants, v. Ronald Wilson REAGAN, President of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1984.

Attorney(s) appearing for the Case

William H. Schaap, Washington, D.C., and Frank Edmund Deale, New York City, with whom Michael D. Ratner, New York City, and Morton Stavis, Hoboken, N.J., were on the brief, for appellants.

Daniel J. Anderson, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), and Vincent M. Garvey, Washington, D.C., were on the brief, for appellees.

Daniel J. Popeo, Paul D. Kamenar and Nicholas E. Calio, Washington, D.C., were on the brief for Senators Jeremiah Denton and Jesse Helms, Congressmen Richard Cheney, Larry McDonald and Jack Fields, former Congressman Jim Jeffries, and the Washington Legal Foundation, amici curiae, urging affirmance.

Before BORK and SCALIA, Circuit Judges, and WILLIAMS, Senior District Judge for the Central District of California.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This suit against the President of the United States and the heads of various departments and agencies responsible for the conduct of intelligence and counterintelligence activities challenges the legality of Executive Order No. 12333, entitled "United States Intelligence Activities." The plaintiffs, appellants here, are political and religious organizations, private individuals assertedly...

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