Tuesday, May 10, 2005
In its decision today in In re Cheney, the entire D.C. Circuit concluded that "severe separation-of-powers" problems prevented the court from applying the Federal Advisory Committee Act to require the Vice President to disclose the details of his meetings within and without the government in formulating the President's 2001 National Energy Policy (still not enacted into law, by the way). This was a case that a host of highly talented government lawyers sweated blood for over a period of three years and did a marvelous job. From the outset, it was a specious lawsuit brought for political purposes, and it finally dies a well deserved death.
You can read the entire decision here.
It will be interesting to see the reaction of the Dems, who have been hyperventilating recently about "separation of powers" to justify their judicial confirmation filibusters.