Friday, November 1, 2013

In re Cheney case brief

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

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.

  • 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. 
  • 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.

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)

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