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EDMOND v. UNITED STATES

No. 96-262.

520 U.S. 651 (1997)

117 S.Ct. 1573

137 L.Ed.2d 917

EDMOND v. UNITED STATES

Supreme Court of United States.

Decided May 19, 1997.

Attorney(s) appearing for the Case

Alan B. Morrison argued the cause for petitioners. With him on the briefs was Allen Lotz.

Malcolm L. Stewart argued the cause for the United States. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Dreeben, Douglas N. Letter, Nancy E. McFadden, Paul M. Geier, Peter J. Plocki, and Frank R. Levi.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Thomas, Ginsburg, and Breyer, JJ., joined, and in which Souter, J., joined as to Parts I and II. Souter, J., filed an opinion concurring in part and concurring in the judgment, p. 666.

Justice Scalia, delivered the opinion of the Court.

We must determine in this case whether Congress has authorized the Secretary of Transportation to appoint civilian members of the Coast Guard Court of Criminal Appeals, and if so, whether this authorization is constitutional under the Appointments Clause of Article II.

I

The Coast Guard Court of Criminal Appeals (formerly known as the Coast Guard Court of Military Review) is an intermediate court...

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