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NATIONAL TREASURY EMPLOYEES UNION v. U.S.

Nos. 90-5406, 90-5407 and 90-5413.

927 F.2d 1253 (1991)

NATIONAL TREASURY EMPLOYEES UNION, et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1991.

Attorney(s) appearing for the Case

Gregory O'Duden and Anne M. Wagner, for appellants in all cases. Also on the joint brief were Elaine Kaplan, Barbara A. Atkin, Cary P. Sklar, David F. Klein, Mark D. Roth, John Vanderstar, Vicki J. Larson, Francisco J. Pavia, Steven R. Shapiro, Arthur Spitzer, Elizabeth Simonds, and Leslie A. Harris.

John C. Hoyle, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Michael Jay Singer, Atty., Dept. of Justice, were on the brief, for appellees in all cases. Robert E. Kopp and Robert V. Zener, Attys., Dept. of Justice, also entered appearances for appellees.

Lloyd N. Cutler, Roger M. Witten, and Carol F. Lee were on the brief for amicus curiae urging that the court deny appellants' emergency motion for a preliminary injunction.

Before MIKVA, Chief Judge, and SENTELLE and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.

CLARENCE THOMAS, Circuit Judge:

The National Treasury Employees Union, the American Federation of Government Employees, and a group of federal employees earning salaries below grade GS-16 seek to enjoin preliminarily the enforcement of Title VI of the Ethics Reform Act of 1989. They contend that Title VI's ban on honoraria violates their First Amendment rights to make appearances, deliver speeches...

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