Legal Opinion

David A. Clarke v. United States

Court of Appeals for the D.C. Circuit

Decided November 8, 1989No. 88-5439PublishedCited by 22 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge EDWARDS.

Concurring opinion filed by Circuit Judge BUCKLEY.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether Congress, consistent with the Constitution, can compel members of the Council of the District of Columbia (“the Council”) to enact a particular piece of legislation. In response to a judicial decision construing District of Columbia law to bar Georgetown University from discriminating on the basis of sexual preference, Congress passed the Nation’s Capital Religious Liberty and Academic Freedom Act, Pub.L. No. 100-462, § 145,…

2Cases cited36 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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3Cited by22 opinions

  1. David A. Clarke v. United StatesCourt of Appeals for the D.C. Circuit · 1990
  2. Nevada Commission on Ethics v. CarriganSupreme Court of the United States · 2011
  3. George Zilich v. Thomas Longo David Mack Nancy Marincic Rose Marie Lovano Joseph Suster Michael Abella and Wilhelm SpiegelbergCourt of Appeals for the Sixth Circuit · 1994
  4. Marijuana Policy Project v. United StatesCourt of Appeals for the D.C. Circuit · 2002
  5. Board Of Education Of The Mt. Sinai Union Free School District v. New York State Teachers Retirement SystemCourt of Appeals for the Second Circuit · 1995

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