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BYRD v. RAINES

Civil No. 97-0001 (TPJ).

956 F.Supp. 25 (1997)

Sen. Robert C. BYRD, et al., Plaintiffs, v. Franklin D. RAINES, et al., Defendants.

United States District Court, District of Columbia.

April 10, 1997.

Attorney(s) appearing for the Case

Charles Justin Cooper, Shaw, Pittman, Potts & Trowbridge, Washington, DC, Lloyd Norton Cutler, Louis Richard Cohen, Wilmer, Cutler & Pickering, Washington, DC, Alan Butler Morrison, Public Citizen Litigation Group, Washington, DC, Michael Davidson, Washington, DC, for Robert C. Byrd, Mark O. Hatfield, Carl Levin, Daniel Patrick Moynihan, David E. Skaggs, Henry A. Waxman.

David Jay Anderson, U.S. Dept. of Justice, Civil Division, Washington, DC, Neil H. Koslowe, U.S. Dept. of Justice, Washington, DC, Adam Issenberg, U.S. Dept. of Justice, Civil Division, Washington, DC, for Franklin D. Raines, Robert E. Rubin.

Thomas B. Griffith, U.S. Senate, Office of Senate Legal Counsel, Washington, DC, for U.S. Senate.

Geraldine R. Gennet, U.S. House of Representatives, Washington, DC, for The Bipartisan Legal Advisory Group of the U.S. House of Representatives.

MEMORANDUM AND ORDER

JACKSON, District Judge.

This action challenges the validity of legislation entitled the Line Item Veto Act, Pub. Law No. 104-130, 110 Stat. 1200 (1996) (to be codified at 2 U.S.C. §§ 681 note, 691 et seq.) ("the Act"), which empowers the President unilaterally to "cancel" certain appropriations and tax benefits after signing them into law. The Act represents an effort by Congress to enlist presidential assistance...

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