National Treasury Employees Union v. United States

Opinion for the court filed by Circuit Judge SENTELLE.

Opinion concurring in Part II B filed by Circuit Judge ROGERS.

SENTELLE, Circuit Judge:

The National Treasury Employees Union (“NTEU” or “Union”), its president, and two of its members appeal from the dismissal of their suit challenging the constitutionality of the Line Item Veto Act, Pub.L. No. 104-130, 100 Stat. 1200 (codified at 2 U.S.C. §§ 691-692 (1996)), for lack of Article III standing. We affirm, holding that appellants’ alleged injury is neither sufficiently concrete nor imminent to create a justiciable controversy.

I. Background

This…