CHAMBER OF COMMERCE OF the UNITED STATES, et al., Appellants,
v.
Robert B. REICH, Secretary, United States Department of Labor, Appellee.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 15, 1995.
Decided February 2, 1996.
Attorney(s) appearing for the Case
Timothy B. Dyk argued the cause, for appellants, with whom Andrew M. Kramer, Willis J. Goldsmith, and Daniel H. Bromberg, Washington, DC, were on the briefs.
Stephen W. Preston, Attorney, United States Department of Justice, Washington, DC, argued the cause, for appellee. On the brief were Frank W. Hunger, Assistant Attorney General, and Mark B. Stern, Attorney, Eric H. Holder, Jr., United States Attorney, Allen Feldman, Steven J. Mandel, and Edward D. Sieger, Attorneys, Washington, DC, United States Department of Labor.
Martin S. Kaufman was on the brief, for amici curiae Paul Coverdell and Slade Gorton.
Maurice Baskin, Washington, DC, Michael E. Avakian, North Springfield, VA, Peter A. Susser, Washington, DC, and Douglas Darch, Chicago, IL, were on the brief, for amici curiae Associated Builders and Contractors, Inc., Manufacturers Alliance International Mass Retail Association, Center on National Labor Policy, Inc., American Bakers Association, National-American Wholesale Grocers' Association/International, Driver Employer Council of America, Society for Human Resource Management, Illinois Chamber of Commerce, and Wisconsin Manufacturers and Commerce.
Anthony B. Byergo, Chicago, IL, entered an appearance, for amici curiae Illinois Chamber of Commerce and Wisconsin Manufacturers and Commerce.
Before: SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
Appellants challenge President Clinton's Executive Order barring the federal government from contracting with employers who hire permanent replacements during a lawful strike. The district court determined that appellants' challenge is not judicially reviewable and, in any event, the Order is legal. We conclude that judicial review is available and that the Order conflicts with...
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