In re Cheney case brief

In re Cheney case brief summary
406 F.3d 723 (2005)

CASE SYNOPSIS

The United States Supreme Court vacated the appellate court's denial of the government's petition for a writ of mandamus against the United States District Court for the District of Columbia and remanded the case for reconsideration en banc of the government's petition for a writ of mandamus. The ultimate issue was whether the court should have issued a writ of mandamus ordering the district court to dismiss the case.

CASE FACTS

• The President of the United States issued a memorandum that established the National Energy Policy Development Group (NEPDG). 
• The President named Vice President Cheney chairman and assigned federal officials to serve with the Vice President. 
• The organizations filed actions and sought NEPDG documents on the ground that the group was an "advisory committee" within the meaning of the Federal Advisory Committee Act (FACA), 5 U.S.C.S. app. § 3(2) since non-federal employees fully participated in non-public meetings of the NEPDG. 

DISCUSSSION

• The appellate court found that there was nothing to indicate that non-federal employees had a right to vote on committee matters or exercise a veto over committee proposals, and the affidavit of a deputy assistant further confirmed that attendance at NEPDG meetings was strictly limited to federal officers. 
• Therefore, because the NEPDG was not a FACA advisory committee, it followed that the government owed the organizations no duty, let alone a clear and indisputable or compelling one, and the appellate court issued a writ of mandamus pursuant to 28 U.S.C.S. § 1651 directing the district court to dismiss the organizations' complaints.

OUTCOME

The court issued a writ of mandamus directing the district court to dismiss the complaints.

Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)