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COMMON CAUSE v. BIDEN

No. 12-5412.

748 F.3d 1280 (2014)

COMMON CAUSE, on its own behalf and behalf of its members, et al., Appellants v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States Senate, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2014.

Attorney(s) appearing for the Case

Emmet J. Bondurant II argued the cause for appellants. With him on the briefs was Stephen Spaulding.

Thomas E. Caballero , Assistant Senate Legal Counsel, Office of Senate Legal Counsel, argued the cause for appellees. With him on the brief were Morgan J. Frankel , Senate Legal Counsel, Patricia Mack Bryan , Deputy Senate Legal Counsel, and Grant R. Vinik , Assistant Senate Legal Counsel.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

A bill that would have become the "DISCLOSE" Act and a bill that would have become the "DREAM" Act never became law. Both bills passed the House of Representatives during the 111th Congress and then stalled in the Senate. See generally H.R. 5281, 111th Cong. (2d Sess., 2010) (DREAM bill); H.R. 5175, 111th Cong. (2d Sess., 2010) (DISCLOSE bill). The Senate never put either to a vote. Both fell to a filibuster. According to the...

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