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PULPHUS v. AYERS

No. 17-5095.

909 F.3d 1148 (2018)

David PULPHUS and William Lacy Clay, Representative, United States House of Representatives, Appellants v. Stephen T. AYERS, in His Official Capacity as Architect of the Capitol, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 2018.

Attorney(s) appearing for the Case

Kymberly K. Evanson , Seattle, WA, argued the cause for appellants. With her on the briefs were Matthew J. Segal , Seattle, WA, and Samuel L. Feder , Washington, DC.

Isaac C. Belfer , Washington, DC, was on the brief for amici curiae Arts & Business Council of Greater Boston, Inc., et al. in support of appellants.

Joshua M. Salzman , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Scott R. McIntosh , Attorney. Marina U. Braswell and R. Craig Lawrence , Assistant U.S. Attorneys, and Christopher Hair , Special Assistant U.S. Attorney, entered appearances.

Before: Garland, Chief Judge, and Rogers And KATSAS, Circuit Judges.

Artist David Pulphus and Congressman William Lacy Clay, Jr., appeal the denial of their motion for a preliminary injunction in connection with the decision of the Architect of the Capitol to remove Pulphus' painting from the exhibition of the 2016 winners of the Congressional Art Competition. After unsuccessfully asking that...

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