ONESIMPLELOAN, Carina D. Ball, Nathan Bazyk, Plaintiffs-Appellants,
v.
U.S. SECRETARY OF EDUCATION, Secretary's Regional Representative for Region II, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: June 26, 2007.
Decided: July 19, 2007.
Attorney(s) appearing for the Case
John J. Witmeyer III (Matthew C. Ferlazzo, Jon R. Grabowski, on the brief), Ford Marrin Esposito Witmeyer & Gleser LLP, New York, NY, for Plaintiffs-Appellants.
Robert William Yalen, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Kathy S. Marks, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Defendants-Appellees.
Allison M. Zieve, Adina H. Rosenbaum, Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for Amicus Public Citizen in Support of Plaintiffs-Appellants.
Steven A. Hitov, Jane Perkins, National Health Law Program, Washington, DC, for Amici Representatives Henry A. Waxman, Nancy Pelosi, John D. Dingell, Charles B. Rangel, Pete Stark, George Miller, James L. Oberstar, Louise McIntosh Slaughter, Sherrod Brown, Bennie G. Thompson in Support of Plaintiffs-Appellants.
Before: WINTER, CABRANES, and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether the "enrolled bill rule" articulated by the Supreme Court in Marshall Field & Co. v. Clark,143 U.S. 649, 12 S.Ct. 495, 36 L.Ed. 294 (1892), requires the dismissal of plaintiffs' claims that the Deficit Reduction Act of 2005 ("DRA"), Pub.L. No. 109-171, 120 Stat. 4 (2006), was enacted in violation of the Bicameralism and Presentment Clause, U.S. Const...
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