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KENTUCKY v. BIDEN

No. 21-6147.

23 F.4th 585 (2022)

Commonwealth of KENTUCKY, et al., Plaintiffs-Appellees, v. Joseph R. BIDEN, in his official capacity as President of the United States of America, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 5, 2022.

Attorney(s) appearing for the Case

ON MOTION FOR STAY: Anna O. Mohan , David L. Peters , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. ON RESPONSE: Barry L. Dunn , Matthew F. Kuhn , Brett R. Nolan , Alexander Y. Magera , Michael R. Wajda , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, Benjamin M. Flowers , Carol O'Brien , May Davis , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, James R. Flaiz , GEAGUA COUNTY PROSECUTOR'S OFFICE, Chardon, Ohio, Brando J. Smith , Dianna Baker Shew , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees. ON AMICUS BRIEF: Rachel L. Fried , Jessica Anne Morton , Jeffrey B. Dubner , JoAnn Kintz , DEMOCRACY FORWARD FOUNDATION, Washington, D.C., for Amici Curiae.

BUSH, J., delivered the opinion of the court in which SUHRHEINRICH, J., joined, and COLE, J., joined in part. COLE, J. (pp. 613-16), delivered a separate dissenting opinion.

OPINION

In 1949, Congress passed a statute called the Federal Property and Administrative Services Act ("Property Act") to facilitate the "economical and efficient" purchase of goods and services on behalf of the federal government. See 40 U.S.C. § 101. The Property Act serves an uncontroversial...

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