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AMERICAN BUS ASS'N v. ROGOFF

Nos. 10-5213, 10-5214.

649 F.3d 734 (2011)

AMERICAN BUS ASSOCIATION, Appellee v. Peter M. ROGOFF, Administrator, Federal Transit Administration and Federal Transit Administration, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Lewis Yelin , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Tony West , Assistant Attorney General, and Scott R. McIntosh , Attorney; Ronald C. Machen , U.S. Attorney; and R. Craig Lawrence , Diane M. Sullivan , and Lauren J. Karam , Assistant U.S. Attorneys.

Richard P. Schweitzer argued the cause for appellee American Bus Association. With him on the briefs was Craig M. Cibak .

Dan R. Mastromarco argued the cause for appellee United Motorcoach Association, Inc. With him on the brief was David R. Burton .

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This appeal raises the following question: Can Congress constitutionally permit a federally-subsidized transit system to take the residents of Seattle out to the ball game? We conclude that Congress can, and we therefore reject the plaintiffs' challenge to a Washington Senator's effort to help her constituents get to Seattle Mariners games.

I

The Federal Transit Act provides that, as a condition of receiving federal funding...

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