U.S. HOUSE OF REPRESENTATIVES v. MNUCHIN

No. 19-5176.

976 F.3d 1 (2020)

UNITED STATES HOUSE OF REPRESENTATIVES, Appellant v. Steven T. MNUCHIN, in His Official Capacity as Secretary of The United States Department of the Treasury, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Reheard En Banc April 28, 2020.

Remanded to Panel August 7, 2020.

Decided September 25, 2020.


Attorney(s) appearing for the Case

Douglas N. Letter , General Counsel, U.S. House of Representatives, argued the cause for appellant. With him on the briefs were Todd B. Tatelman , Principal Deputy General Counsel, Megan Barbero and Josephine Morse , Deputy General Counsel, Adam A. Grogg and William E. Havemann , Associate General Counsel, Kristin A. Shapiro , Assistant General Counsel, and Carter G. Phillips , Virginia A. Seitz , Joseph R. Guerra , and Christopher A. Eiswerth .

Lawrence S. Robbins , Washington, D. Hunter Smith , and Megan Browder were on the brief for amici curiae Former General Counsels of the U.S. House of Representatives in support of appellants and reversal. Alan E. Untereiner entered an appearance.

Irvin B. Nathan , Robert N. Weiner , Andrew T. Tutt , Washington, and Samuel F. Callahan were on the brief for amici curiae Former Members of Congress in support of appellant.

Michael S. Raab , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Hashim M. Mooppan , Deputy Assistant Attorney General, and Mark R. Freeman and Courtney L. Dixon , Attorneys.

Lawrence J. Joseph , Washington, was on the brief for amicus curiae Rep. Andy Barr in support of appellees and affirmance.

Miles L. Terry , Benjamin P. Sisney , Jay Alan Sekulow , Washington, Andrew J. Ekonomou , and Jordan A. Sekulow were on the brief for amicus curiae The American Center for Law and Justice in support of appellees.

Before: Millett and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.


The United States House of Representatives brought this lawsuit alleging that the Departments of Defense, Homeland Security, the Treasury, and the Interior, and the Secretaries of those departments violated the Appropriations Clause of the Constitution as well as the Administrative...

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