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Chamber of Commerce of the United States v. Reich - Significance, Authority To Review Executive Orders, Preemption Doctrine, Impact

appellants justices labor decision


Chamber of Commerce of the United States, et al.


Robert B. Reich, U.S. Secretary of Labor

Appellants' Claim

That Executive Order No. 12,954, which prevents the U.S. government from contracting with employers who hire permanent replacement workers during a lawful strike, violates the National Labor Relations Act (NRLA) and the Procurement Act, and is unconstitutional.

Chief Lawyer for Appellants

Timothy B. Dyk

Chief Lawyer for the Appellee

John A. Rogovin

Justices for the Court

A. Raymond Randolph, David Bryan Sentelle, Laurence H. Silberman (writing for the Court)

Justices Dissenting



Washington, D.C.

Date of Decision

2 February 1996


That the Executive Order is regulatory in nature and is preempted by the NLRA.

Related Cases

  • Marbury v. Madison, 5 U.S. 137 (1803).
  • American School of Magnetic Healing v. McAnnulty, 187 U.S. 94 (1902).
  • Dalton v. Specter, 511 U.S. 462 (1994).

Further Readings

  • Leiberman, Jethro K. The Enduring Constitution: An Exploration of the First 200 Years. New York, Harper & Row, 1986.
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