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CITIZENS FOR CONSTITUTIONAL INTEGRITY v. UNITED STATES

No. 21-1317.

57 F.4th 750 (2023)

CITIZENS FOR CONSTITUTIONAL INTEGRITY; Southwest Advocates, Inc., Plaintiffs-Appellants, v. UNITED STATES of America; the Office of Surface Mining Reclamation and Enforcement; Debra Haaland, in her official capacity as Secretary of the Department of the Interior; Glenda Owens, in her official capacity as Acting Director of the Office of Surface Mining Reclamation and Enforcement; Kate MacGregor, in her official capacity as Acting Assistant Secretary for Land and Minerals Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED January 10, 2023.

Attorney(s) appearing for the Case

Jared S. Pettinato , The Pettinato Firm, Washington, D.C., for Plaintiffs-Appellants.

Martin Totaro , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice ( Brian M. Boynton , Acting Assistant Attorney General, Cole Finegan , U.S. Attorney, Michael S. Raab and Benjamin M. Shultz , Attorneys, Appellate Staff, Civil Division, with him on the brief), Washington, D.C., for Defendants-Appellees.

Before HOLMES, Chief Judge, MURPHY, and HARTZ, Circuit Judges.

Plaintiffs Citizens for Constitutional Integrity and Southwest Advocates, Inc. appeal the rejection of their challenges to the constitutionality of the Congressional Review Act, 5 U.S.C. §§ 801-08 (the CRA or the Act), and Senate Rule XXII, the so-called Cloture Rule, which requires the votes of three-fifths of the...

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