MELCHER v. FEDERAL OPEN MARKET COMMITTEE

No. 86-5692.

836 F.2d 561 (1987)

John MELCHER, Honorable Member, United States Senate, Appellant v. FEDERAL OPEN MARKET COMMITTEE, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 1987.


Attorney(s) appearing for the Case

Grasty Crews II, Washington, D.C., for appellant.

Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, with whom Joseph E. diGenova, U.S. Atty., William Kanter and Alfred Mollin, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

David C. Vladeck, with whom Alan B. Morrison and Eric R. Glitzenstein, Washington, D.C., were on the brief for amicus curiae, Public Citizen, Inc., urging reversal.

Tracy E. Mulligan, Rockville, Md., was on the brief for amicus curiae, Nat. Alliance for Constitutional Money, urging reversal and remand.

Edwin Vieira, Jr., Manassas, Va., was on the brief for amicus curiae, Coalition for Monetary Educ., urging reversal.

Before EDWARDS, STARR, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

STARR, Circuit Judge:

In this appeal, John Melcher, a United States Senator, challenges the constitutionality of the method used to select five of the twelve members of the Federal Reserve System's Federal Open Market Committee (FOMC). Senator Melcher argues that the five members are "officers" of...

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