AMERICAN FEDERATION OF GOVERNMENT EMP. v. REAGAN

No. 87-5335.

870 F.2d 723 (1989)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, International Council of U.S. Marshals Service Locals, 210, et al. v. Ronald REAGAN, President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1989.


Attorney(s) appearing for the Case

Randy L. Levine, Associate Deputy Atty. Gen., with whom John R. Bolton, Asst. Atty. Gen., Richard K. Willard, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Washington, D.C., Joseph E. diGenova, U.S. Atty., Chevy Chase, Md., Douglas N. Letter and Jay S. Bybee, Attys., Dept. of Justice, Washington, D.C., were on the briefs, for appellants. John Facciola and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellants.

Joe Goldberg, with whom Mark D. Roth and Charles A. Hobbie, Washington, D.C., were on the brief, for appellees.

Before WALD, Chief Judge, and ROBINSON and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal summons us to decide whether a presidential executive order purportedly exerting a statutorily-conferred power is legally ineffective because it does not show facially and affirmatively that the President made the determinations upon which exercise of the power is conditioned. We hold that the challenged order is entitled to a rebuttable...

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