NATIONAL ASSOCIATION OF GOV'T EMPLOYEES v. YELLEN

No. 23-1867.

120 F.4th 904 (2024)

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC., Plaintiff, Appellant, v. Janet L. YELLEN, in her official capacity as Secretary of Treasury, and Joseph R. Biden, in his official capacity as President of the United States, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 1, 2024.


Attorney(s) appearing for the Case

Thomas H. Geoghegan, with whom Depres, Schwartz & Geoghegan, Ltd., Shannon Liss-Riordan, Matthew Carrieri, Lichten & Liss-Riordan, P.C., Sarah E. Suszczyk, Patrick V. Dahlstrom, and Pomerantz LLP were on brief, for appellant.

Urja Mittal, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Brian M. Boynton, Principal Deputy Assistant Attorney General, Joshua S. Levy, Acting U.S. Attorney, and Gerard Sinzdak, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for appellees.

Before Gelpí, Lipez, and Howard, Circuit Judges.


Plaintiff-Appellant the National Association of Government Employees, Inc. ("NAGE") alleges that 31 U.S.C. § 3101(b) (the "Debt Limit Statute") is unconstitutional. But this matter does not present a live case or controversy, precluding Article III adjudication on the merits of NAGE's constitutional challenge. We...

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