Cheney v. District Court for the District of Columbia

This case challenged the refusal of the Administration to comply with the Federal Advisory Committee Act for the Task Force on Energy Policy run by Vice President Cheney. The main issue was whether the Task Force was aided in developing its recommendations by a large number of energy company executives and others from the private sector, contrary to the official position that only government personnel were involved. The case was in the Supreme Court because the Government is claiming that the district court’s refusal to dismiss the case was erroneous and also violated separation of powers. The court of appeals said that it had no power to decide those questions because there was no final decision.

Alan Morrison of Public Citizen represented respondent Sierra Club in the Supreme Court. The Court, deciding in favor of the Administration, held that the court of appeals should have considered the separation-of-power issue.