Cite as: 521 U. S. 811 (1997)
Opinion of the Court
and indeed both Houses actively oppose their suit. In addition, the conclusion reached here neither deprives Members of Congress of an adequate remedy—since they may repeal the Act or exempt appropriations bills from its reach—nor forecloses the Act from constitutional challenge by someone who suffers judicially cognizable injury resulting from it. Pp. 829-830.
956 F. Supp. 25, vacated and remanded.
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, post, p. 830. Stevens, J., post, p. 835, and Breyer, J., post, p. 838, filed dissenting opinions.
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.*
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,
*Thomas B. Griffith, Morgan J. Frankel, Steven F. Huefner, Geraldine R. Gennet, Kerry W. Kircher, and Michael L. Stern filed a brief for the United States Senate et al. as amici curiae urging reversal.
Briefs of amicus curiae urging affirmance were filed for the Association of the Bar of the City of New York by David P. Felsher, Louis A. Craco, Jr., and James F. Parver; and for David Schoenbrod et al. by Mr. Schoenbrod, pro se, and Marci A. Hamilton, pro se. G. William Frick filed a brief for the American Petroleum Institute as amicus curiae.
†Justice Ginsburg joins this opinion.
813
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007