Opinion

American Federation of Labor and Congress of Industrial Organizations v. Alfred E. Kahn, Chairman, Council on Wage and Price Stability

  • 618 F.2d 784
  • 199 U.S. App. D.C. 300
Court
Court of Appeals for the D.C. Circuit
Filed
Sep 14, 1979
Status
Published
Author
Tamm
On the bench
Wright, Bazelon, McGowan, Tamm, Leven-Thal, Robinson, MacKinnon, Robb, Wilkey, Robb'S
Cited by
47 cases

stating that statutory grants of authority to the President “must be exercised consistently with the structure and purposes of the statute that delegates that power”

How later courts described this case

  • stating that statutory grants of authority to the President “must be exercised consistently with the structure and purposes of the statute that delegates that power”
  • holding that FPASA authorized the president to require government contractors to comply with price and wage controls
  • holding that FPASA authorized the president to require contractors to comply with price and wage controls
  • applying the “close nexus” test in resolving a Procurement Act case

Written by the judges who cited it.

The opinion

TAMM, Circuit Judge,

concurring:

I concur in Judge Wright’s opinion for the court. Lest we later be construed as having broadly interpreted the Procurement Act, I write separately only to emphasize my belief that the opinion we issue today is a narrow one. It does not allow the President to exercise powers that reach beyond the Act’s express provisions. In my view, the decision to uphold Executive Order 12092 is predicated upon the close nexus between the purpose of the voluntary guidelines and the goal of the Act to secure economy and efficiency in federal procurement.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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