Supreme Court to Decide on Cheney's Energy Task Force Secrecy

The Supreme Court is hearing arguments on Vice President Dick Cheney's attempt to keep the public from knowing who met with him behind closed doors to draft the administration's energy policy in 2001. The case, which has generated controversy over Justice Antonin Scalia's decision to go duck hunting with Mr. Cheney, raises important issues about the degree to which a vice president can claim to be above the law. Environmental groups argue that Mr. Cheney let energy companies and other big campaign donors participate in drafting energy policy and lobby for huge subsidies for themselves, while the administration claims that the Federal Advisory Committee Act does not apply because the task force's members were all federal employees. The court should affirm the decisions of the lower courts and order Mr. Cheney to disclose the names of the participants.

Key Takeaways:

• The Supreme Court is hearing arguments on Vice President Dick Cheney's attempt to keep the public from knowing who met with him behind closed doors to draft the administration's energy policy in 2001.
• Environmental groups, including Judicial Watch and the Sierra Club, argue that Mr. Cheney let energy companies and other big campaign donors participate in drafting energy policy and lobby for huge subsidies for themselves.
• The administration claims that the Federal Advisory Committee Act does not apply because the task force's members were all federal employees.
• Justice Antonin Scalia's decision to go duck hunting with Mr. Cheney while the case was pending has generated controversy, and his potential involvement in the decision may damage the court's reputation.
• The case raises substantive issues about the degree to which a vice president can claim to be above the law and the limits of executive privilege.

Statistics:

• 2001: The year in which Vice President Dick Cheney convened an energy task force whose membership was secret.
• 3 years: The length of time for which the court should afford Mr. Cheney's administration-contained records for inspection by potential litigants.
• 5 to 4: The potential margin of decision in the Supreme Court, with Justice Scalia casting the deciding vote.

Sources:

• "The Case of the Missing Energy Task Force Documents" by The New York Times
• "Justice Scalia's Hunting Trip Tests Judicial Ethics" by The Washington Post