Cheney v. United States District Court
Encyclopedia
Cheney v. United States District Court, 542 U.S. 367 (2004), was a 2004 United States Supreme Court case between Vice President Dick Cheney
and the U.S. District Court for the District of Columbia. The case came as an appeal after the lower District Court for the District of Columbia
ordered Cheney to disclose some of his records that would show how his National Energy Policy Development Group developed its recommendations. Cheney appealed the decision to the Court of Appeals for the DC Circuit, but the Appeals Court rejected the appeal. In a 7–2 decision, the Court sent the case back to the U.S. Court of Appeals for the D.C. Circuit.
filed Freedom of Information Act requests about the National Energy Policy Development Group, which Cheney headed, in 2001–2002. These requests were denied.
Judicial Watch and the Sierra Club
then sued, arguing the refusal a violation of the Federal Advisory Committee Act
of 1972 (FACA), which requires committees set up by the president or by federal agencies to provide advice must conduct their business in public. The exception to this law is committees composed entirely of federal officials and employees, which de jure
Cheney's committee was.
However, Judicial Watch and the Sierra Club argued that because so many energy industry lobbyists were so deeply involved in the committees work, they were effectively members. Under this, the committee would have to obey FACA. In 1993, the D.C. Circuit ruled in Association of American Physicians and Surgeons v. Clinton, that in such a situation, FACA does apply.
In July 2002, D.C. district judge
Emmet G. Sullivan
ruled that Sierra Club and Judicial Watch deserved to know whether private citizens had taken part in the work of the task force to a large enough degree sufficient to bring the task force under the umbrella of the law.
Rather than accepting the ruling, the vice president appealed it to the Court of Appeals for the D.C. Circuit, arguing that complying would force him reveal information that, under law, he does not have to reveal. Cheney also argued that the case violated the separation of powers clause of the United States Constitution
.
The Court of Appeals ruled that Cheney did have to turn over information. Cheney appealed this decision to the Supreme Court.
The Court ruled 7–2 that the lower appeals court had acted "prematurely" and sent the case back to the court.
The Court did not rule on whether or not FACA should or should not apply to the task force, and left to the Court of Appeals.
Anthony Kennedy
wrote the majority opinion, agreed to by four other justices. Two justices, Clarence Thomas
and Scalia would have had the case end there with Cheney not having to disclose any information. Ruth Bader Ginsburg
was joined by David H. Souter in dissenting, arguing the Supreme Court should let the case proceed in the District Court.
refused to recuse himself from the case, despite having hunted ducks with Cheney and others while the case was pending in the lower courts. Scalia filed a lengthy statement explaining why he was not recusing himself. In the end, Scalia supported Cheney.
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
and the U.S. District Court for the District of Columbia. The case came as an appeal after the lower District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
ordered Cheney to disclose some of his records that would show how his National Energy Policy Development Group developed its recommendations. Cheney appealed the decision to the Court of Appeals for the DC Circuit, but the Appeals Court rejected the appeal. In a 7–2 decision, the Court sent the case back to the U.S. Court of Appeals for the D.C. Circuit.
Prior history
The case began when the conservative Judicial WatchJudicial Watch
Judicial Watch is an organization that describes itself as "a conservative, non-partisan American educational foundation that promotes transparency, accountability and integrity in government, politics and the law." According to its mission statement, Judicial Watch "advocates high standards of...
filed Freedom of Information Act requests about the National Energy Policy Development Group, which Cheney headed, in 2001–2002. These requests were denied.
Judicial Watch and the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
then sued, arguing the refusal a violation of the Federal Advisory Committee Act
Federal Advisory Committee Act
The Federal Advisory Committee Act is a United States federal law , which governs the behavior of federal advisory committees. There are now approximately 1,000 such committees...
of 1972 (FACA), which requires committees set up by the president or by federal agencies to provide advice must conduct their business in public. The exception to this law is committees composed entirely of federal officials and employees, which de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
Cheney's committee was.
However, Judicial Watch and the Sierra Club argued that because so many energy industry lobbyists were so deeply involved in the committees work, they were effectively members. Under this, the committee would have to obey FACA. In 1993, the D.C. Circuit ruled in Association of American Physicians and Surgeons v. Clinton, that in such a situation, FACA does apply.
In July 2002, D.C. district judge
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Emmet G. Sullivan
Emmet G. Sullivan
Emmet G. Sullivan is a US District Court Judge in Washington, D.C.Judge Emmet G. Sullivan was born in Washington, D.C. and attended public schools in the District of Columbia until his graduation from McKinley High School in 1964...
ruled that Sierra Club and Judicial Watch deserved to know whether private citizens had taken part in the work of the task force to a large enough degree sufficient to bring the task force under the umbrella of the law.
Rather than accepting the ruling, the vice president appealed it to the Court of Appeals for the D.C. Circuit, arguing that complying would force him reveal information that, under law, he does not have to reveal. Cheney also argued that the case violated the separation of powers clause of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The Court of Appeals ruled that Cheney did have to turn over information. Cheney appealed this decision to the Supreme Court.
Case
The question the Court was debating was whether or not the D.C. District Court should have rejected the request from the Vice President to block disclosure of records from his energy policy task force.The Court ruled 7–2 that the lower appeals court had acted "prematurely" and sent the case back to the court.
The Court did not rule on whether or not FACA should or should not apply to the task force, and left to the Court of Appeals.
Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
wrote the majority opinion, agreed to by four other justices. Two justices, Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
and Scalia would have had the case end there with Cheney not having to disclose any information. Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
was joined by David H. Souter in dissenting, arguing the Supreme Court should let the case proceed in the District Court.
Scalia conflict of interest controversy
The case received press attention when Antonin ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
refused to recuse himself from the case, despite having hunted ducks with Cheney and others while the case was pending in the lower courts. Scalia filed a lengthy statement explaining why he was not recusing himself. In the end, Scalia supported Cheney.