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COMMONWEALTH v. BIDEN

No. 21-6147.

57 F.4th 545 (2023)

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 12, 2023.

Attorney(s) appearing for the Case

ARGUED: Joshua Revesz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Matthew F. Kuhn , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellees. ON BRIEF: Joshua Revesz , Anna O. Mohan , David L. Peters , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Matthew F. Kuhn , Barry L. Dunn , 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, Brandon J. Smith , Dianna Baker Shew , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees. Henry C. Whitaker , OFFICE OF THE FLORIDA ATTORNEY GENERAL, Tallahassee, Florida, Steven P. Lehotsky , LEHOTSKY KELLER LLP, Washington, D.C., for Amici Curiae.

Before: SILER, McKEAGUE, and LARSEN, Circuit Judges.

OPINION

A fundamental tenet of our constitutional order is that the President's authority "must stem either from an act of Congress or from the Constitution itself." Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585, 72 S.Ct. 863, 96 L.Ed. 1153 (1952). The critical...

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