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RAINES v. BYRD

No. 96-1671.

521 U.S. 811 (1997)

117 S.Ct. 2312

138 L.Ed.2d 849

RAINES, DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET, et al. v. BYRD et al.

Supreme Court of United States.

Decided June 26, 1997.

Attorney(s) appearing for the Case

Acting Solicitor General Dellinger argued the cause for appellants. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Malcolm L. Stewart, and Douglas N. Letter.

Alan B. Morrison argued the cause for appellees. With him on the briefs were Lloyd N. Cutler, Louis R. Cohen, Charles J. Cooper, Michael A. Carvin, David Thompson, and Michael Davidson.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined. Souter, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined, p. 830. Stevens, J., p. 835, and Breyer, J., p. 838, filed dissenting opinions.

Chief Justice Rehnquist delivered the opinion of the Court.†

The District Court for the District of Columbia declared the Line Item Veto Act unconstitutional. On this direct appeal, we hold that appellees lack standing to bring this suit, and therefore direct that the judgment of the District Court be vacated and the complaint dismissed.

I

The appellees are six Members...

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