Cheney v. United States District Court

The Sierra Club and Judicial Watch (plaintiffs) sued Vice President Cheney and other officials involved in the National Energy Policy Development Group (NEPDG) under the Federal Advisory Committee Act, alleging private parties were “de facto members” that stripped the group of a FACA exemption for bodies composed entirely of government officials. The district court allowed claims against Cheney and other officials to proceed and permitted discovery; seeking to avoid that discovery, the officials sought a writ of mandamus, which the D.C. Circuit denied on the ground they could instead assert executive privilege to resist discovery. The officials petitioned the Supreme Court.