offered at least circumstantial and inferential evidence to support their contention, that defendant has violated this principle. At the express invitation of the Supreme Court, they seek a determination as to whether defendant intentionally excluded them from the CFC because of their views, which frequently clash with those of the present administration. They have clearly raised substantial legal questions worthy of further deliberative investigation.
In conclusion, the Court finds that plaintiffs have carried their burden of establishing that a preliminary injunction is warranted. They have demonstrated that they and their clients will suffer grave and irreparable harm if excluded from this year's CFC, while defendant will suffer little if any injury if plaintiffs are included in the Campaign again. This balance of harms, coupled with the serious constitutional questions raised by their complaint, entitle them to the extraordinary relief they seek.
A separate Order accompanies this Opinion.
For the reasons set forth in the Memorandum Opinion of this same date, it is this 30th day of May, 1986,
ORDERED that plaintiffs' motion for a preliminary injunction is granted, and it is
FURTHER ORDERED that defendant Constance J. Horner, Director, Office of Personnel Management, and her agents, including the local Federal Coordinating Committees, be and they hereby are enjoined from excluding plaintiffs NAACP Legal Defense and Educational Fund, Inc., Puerto Rican Legal Defense and Education Fund, Inc., Federally Employed Women Legal and Educational Fund, Inc., Indian Law Resource Center, Lawyers' Committee for Civil Rights Under Law, Sierra Club Legal Defense Fund, Inc., and Natural Resources Defense Council, Inc. and Planned Parenthood Federation of America, Inc., from participation in the Combined Federal Campaign on the basis of section (2)(b)(1)-(3) of Executive Order No. 12,353, as amended by section 1(b) of Executive Order No. 12,404, or sections 950.30(b)(1)(i), (iv)-(v), and 950.303(b)(2)-(3) of the regulations implementing those Orders, 51 Fed. Reg. 11,668 (April 4, 1986) (to be codified at 5 C.F.R. Part 950), pending a determination by this Court,1a pursuant to the remand of the United States Supreme Court and the Court of Appeals for this Circuit, whether such provisions are the product of unconstitutional discrimination.
Defendant, Constance Horner, shall promptly provide notice of this Order to all Federal Coordinating Committees by such means as will assure receipt of such notice no later than 9:00 a.m. on June 2, 1986, in the relevant time zone; and it is
FURTHER ORDERED that the eight plaintiffs shall post with the Clerk of the Court a bond totalling $1,000 in cash or surety, no later than 12:00 noon, June 4, 1986, failing which this preliminary injunction shall stand immediately dissolved; and it is
FURTHER ORDERED that, in consideration of the pressing deadlines governing applications for inclusion in the Combined Federal Campaign and other matters pertaining to the administration of the Campaign which have necessitated this Court's prompt resolution of plaintiffs' motion for a preliminary injunction, there shall be no stay of this Order in the event defendant notes an appeal.