ACORN, Acorn Institute, Inc., and Mhany Management, Inc., f/k/a/ New York Acorn Housing Company, Inc., Plaintiffs-Appellees,
v.
UNITED STATES of America, Shaun Donovan, Secretary of the Department of Housing and Urban Development, Peter Orszag Director Office of Management and Budget, Timothy R. Geithner Jr., Secretary of the Department of Treasury of the United States, Lisa P. Jackson, Administrator of the Environmental Protection Agency, Gary Locke, Secretary of Commerce, and Robert Gates, Secretary of Defense, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Daniel R. Murdock , Patton Boggs LLP, New York, NY; Haaris Ahmad , Assistant Corporation Counsel, Wayne County, Michigan, Detroit, MI, for amicus curiae Wayne County, Michigan.
David B. Rankin and Mark Taylor , Rankin & Taylor, New York, NY, for amici curiae Alliance for Justice; Citizen Action of New York; Hakeem Jeffries; Labor Education & Research Project; Legal Aid Society of New York City; Marty Markowitz; Kevin Powell; Western States Center; and Jumaane D. Williams.
Mark D. Stern , Somerville, MA; John C. Philo , Maurice & Jane Sugar Law Center for Economic & Social Justice, Detroit, MI, for amici curiae United Electrical, Radio & Machine Workers of America; Communications Workers of America; Communications Workers of America Local 1180; Transport Workers Union of America; Transport Workers Union of America of Greater New York; Jobs with Justice; Interfaith Worker Justice; and Maurice & Jane Sugar Law Center for Economic & Social Justice.
Charles S. Sims and Anna G. Kaminska , Proskauer Rose LLP, New York, NY; Stephen I. Vladeck , Washington, D.C. for amici curiae Constitutional Law Professors Bruce Ackerman, Erwin Chemerinsky, David D. Cole, Michael C. Dorf, Mark Graber, Seth F. Kreimer, Sanford V. Levinson, Burt Neuborne, and Stephen I. Vladeck.
Before: MINER, CABRANES, and WESLEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
MINER, Circuit Judge:
Defendants-appellants, Shaun Donovan, Secretary of Housing and Urban Development ("HUD"); Peter Orszag, Director of the Office of Management and Budget ("OMB"); Timothy Geithner, Secretary of the Treasury; Lisa Jackson, Administrator of the Environmental Protection Agency ("EPA"); Gary Locke, Secretary of Commerce; Robert Gates, Secretary of Defense; and the United States (collectively, the "government" or "defendants"), appeal from a preliminary...
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