Richard B. Cheney, Vice President of the United States, et al. v. United States District Court for the District of Columbia et al. (542 U.S. 367)
U.S. Supreme Court · decided June 24, 2004 · Supreme Court Database (Spaeth)
- Citation
- 542 U.S. 367 · 124 S. Ct. 2576
- Decided
- June 24, 2004
- Term
- October Term 2003
- Vote
- 7–2
- Majority author
- Justice Kennedy
- Issue area
- Privacy
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. The United States District Court for the District of Columbia entered discovery orders directing the Vice President and other senior officials in the Executive Branch to produce information about a task force established to give advice and make policy recommendations to the President. This case requires us to consider the circumstances under which a court of appeals may exercise its power to issue a writ of mandamus to modify or dissolve the orders when, by virtue of their overbreadth, enforcement might interfere with the officials in the discharge of their duties and impinge upon the President’s constitutional prerogatives. I A few days after assuming office, President George W. Bush issued a memorandum establishing the National Energy Policy Development Group (NEPDG or Group). The Group was directed to “develo[p]... a national energy policy designed to help the private sector, and government at all levels, promote dependable, affordable, and environmentally sound production and distribution of energy for the future.” App. 156-157. The President assigned a number of agency heads and assistants — all employees of the Federal Government — to serve as members of the committee. He authorized the Vice President, as chairman of the Group, to invite “other officers of the Federal Government” to participate “as appropriate.” Id.,…
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