BLACK EMPLOY'S OF LIBRARY OF CONGR. v. BILLINGTON

No. 12-5193.

737 F.3d 767 (2013)

HOWARD R.L. COOK & TOMMY SHAW FOUNDATION for BLACK EMPLOYEES OF the LIBRARY OF CONGRESS, INC., et al., Appellants v. James H. BILLINGTON, Librarian, Library of Congress, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2013.


Attorney(s) appearing for the Case

David L. Rose argued the cause for appellants. With him on the briefs was Joshua N. Rose.

Jane M. Lyons , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney. Laurie J. Weinstein , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


KAVANAUGH, Circuit Judge:

The Cook and Shaw Foundation is a non-profit organization composed of current and former employees of the Library of Congress. The Foundation helps Library employees pursue allegations of racial discrimination against the Library. Pursuant to Library policy, the Library recognizes certain employee organizations and gives them meeting space and other benefits. The Cook and Shaw Foundation requested recognition as an employee organization,...

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