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UAW-LABOR EMPLOYMENT AND TRAINING CORP. v. CHAO

No. 02-5080.

325 F.3d 360 (2003)

UAW-LABOR EMPLOYMENT AND TRAINING CORPORATION, et al., Appellees, v. Elaine CHAO, Secretary of Labor, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 2003.

Attorney(s) appearing for the Case

Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Mark B. Stern and Sharon Swingle, Attorneys, U.S. Department of Justice.

Robert M. Weinberg argued the cause for appellees. With him on the brief were Leon Dayan, Laurence Gold and Melvin S. Schwarzwald. Robert Alexander entered an appearance.

W. James Young was on the brief for amicus curiae National Right to Work Legal Defense & Education Foundation, Inc. in support of appellants. With him on the brief was Glenn M. Taubman.

Before: RANDOLPH and ROGERS, Circuit Judges, and STEPHEN F. WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

Dissenting opinion filed by Circuit Judge ROGERS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

On February 17, 2001, relying on his power under the Procurement Act, President Bush issued Executive Order 13201, applying to all government contracts involving more than $100,000. Executive Order 13201, § 2, 66 Fed.Reg. 11,221, 11,221, 2001 WL 169257 (2001); 41 U.S.C. § 403...

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