CLINTON v. CITY OF NEW YORK

No. 97-1374.

524 U.S. 417 (1998)

CLINTON, PRESIDENT OF THE UNITED STATES, ET AL. v. CITY OF NEW YORK et al.

United States Supreme Court.

Decided June 25, 1998.


Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for the appellants. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Malcolm L. Stewart, and Douglas N. Letter.

Louis R. Cohen argued the cause for appellees Snake River Potato Growers, Inc., et al. With him on the brief were Lloyd N. Cutler, Lawrence A. Kasten, Donald B. Holbrook, Randon W. Wilson, and William H. Orton. Charles J. Cooper argued the cause for appellees City of New York et al. With him on the briefs were M. Sean Laane, Leonard J. Koerner, Alan G. Krams, David B. Goldin, and Peter F. Nadel.*

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Kennedy, J., filed a concurring opinion, p. 449. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Connor, J., joined, and in which Breyer, J., joined as to Part III, p. 453. Breyer, J., filed a dissenting opinion, in which Connor and Scalia, JJ., joined as to Part III, p. 469.


Justice Stevens, delivered the opinion of the Court.

The Line Item Veto Act (Act), 110 Stat. 1200, 2 U. S. C. § 691 et seq. (1994 ed., Supp. II), was enacted in April 1996 and became effective on January 1, 1997. The following day, six Members of Congress who had voted against the Act brought suit in the District Court for the District of Columbia challenging its constitutionality. On April 10, 1997, the District...

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