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FORETICH v. U.S.

No. 02-5224.

351 F.3d 1198 (2003)

Doris R. FORETICH, et al., Appellants, District of Columbia, Office of the Mayor, Appellee v. UNITED STATES of America, Office of the Attorney General and Jean Elizabeth Morgan, M.D., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2003.

Attorney(s) appearing for the Case

Jonathan Turley argued the cause and filed the briefs for appellants.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Stuart F. Delery and David S. Mendel. Stephen H. Sachs entered an appearance.

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge TATEL.

HARRY T. EDWARDS, Circuit Judge:

In this case, appellants, Dr. Eric A. Foretich and his parents, challenge the constitutionality of the Elizabeth Morgan Act ("the Act"), claiming that the Act is a bill of attainder. On the record before us, we find that Congress violated the constitutional prohibition against...

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