Chamber of Commerce v. Reich

74 F.3d 1322 (1996)

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Chamber of Commerce v. Reich

United States Court of Appeals for the District of Columbia Circuit

74 F.3d 1322 (1996)

Facts

President Clinton issued Executive Order 12954, prohibiting the federal government from contracting with employers that replaced striking employees. The executive order directed Secretary of Labor Reich (defendant) to promulgate rules and regulations necessary to give effect to the executive order as authorized by the Procurement Act. Reich did in fact promulgate rules to implement the executive order regarding government procurement of contracts. The Chamber of Commerce (plaintiff) challenged the rules in district court as an unconstitutional delegation of power, but the court found the challenge was not ripe. On appeal, the appellate court reversed the district court’s decision and remanded to the district court. The district court rejected the Chamber of Commerce’s claims on remand as unreviewable. The Chamber of Commerce appealed this decision to the United States Court of Appeals for the District of Columbia Circuit.

Rule of Law

Issue

Holding and Reasoning (Silberman, J.)

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