Michael D. BARNES, individually and as a member of U.S. House of Representatives, et al., and United States Senate, et al., Appellants,
v.
Ray KLINE, individually and in his capacity as Administrator, General Services Administration, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 4, 1984.
Decided August 29, 1984.
Opinions Filed April 12, 1985.
As Amended April 12, 1985.
Attorney(s) appearing for the Case
Michael Davidson, Washington, D.C., with whom M. Elizabeth Culbreth, Morgan J. Frankel, Michael Ratner, Washington, D.C., Morton Stavis, Hoboken, N.J., Peter Weiss and John Privitera, Washington, D.C., were on the brief, for appellants Michael Barnes, et al. and the United States Senate, et al. Steven R. Ross and Charles Tiefer, Washington, D.C., were on the brief, for appellants Speaker and Bipartisan Leadership Group of the United States House of Representatives.
Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., William Kanter and Marc Johnston, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees.
Before ROBINSON, Chief Judge, BORK, Circuit Judge, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
Separate dissenting opinion filed by Circuit Judge BORK.
McGOWAN, Senior Circuit Judge:
This appeal from the District Court1 requires us to determine when legislation presented to the President for his review is subject to a "pocket veto" under Article I, section 7, clause 2 of the United States Constitution. That clause provides, in part, that if the President...
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