CLARKE v. U.S.

No. 88-5439.

886 F.2d 404 (1989)

David A. CLARKE, et al. v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1989.

As Amended November 8, 1989.


Attorney(s) appearing for the Case

John C. Harrison, Associate Deputy Atty. Gen., U.S. Dept. of Justice, for appellant. John R. Bolton, Asst. Atty. Gen. at the time the brief was filed, and Jay B. Stephens, U.S. Atty., and Michael Jay Singer and Alfred Mollin, Attys., U.S. Dept. of Justice, were on the brief for appellant.

I. Michael Greenberger, with whom James R. Bird and Gregory E. Mize were on the brief, for appellees.

Lincoln C. Oliphant was on the brief for amici curiae U.S. Senators and U.S. Representatives, urging reversal.

Michael Davidson, Senate Legal Counsel, and Ken U. Benjamin, Jr., and Morgan J. Frankel, Asst. Senate Legal Counsel, were on the brief for amicus curiae U.S. Senate, urging reversal.

Rex E. Lee, Carter G. Phillips, and Mark D. Hopson were on the brief for amici curiae Nat. Ass'n of Evangelicals, et al., urging reversal.

John Vanderstar, Nan D. Hunter, Arthur B. Spitzer, Elizabeth Symonds, and Austin P. Frum were on the brief for amici curiae American Civ. Liberties Union, ACLU of the Nat. Capital Area, and Unitarian Universalist Ass'n, urging affirmance.

Murray R. Garnick was on the brief for amicus curiae Washington Council of Lawyers, urging affirmance.

Philip W. Horton entered an appearance for amicus curiae Washington Council of Lawyers, urging affirmance.

Before EDWARDS and BUCKLEY, Circuit Judges, and ROBINSON, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge EDWARDS.

Concurring opinion filed by Circuit Judge BUCKLEY.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether Congress, consistent with the Constitution, can compel members of the Council of the District of Columbia ("the Council") to enact a particular piece of legislation. In response to a judicial decision construing District of Columbia law to bar Georgetown University from discriminating...

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