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Public Citizen v. Department of Justice
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Public Citizen v. Department of Justice : ウィキペディア英語版
Public Citizen v. Department of Justice

''Public Citizen v. Department of Justice'', 491 U.S. 440 (1989), is a United States Supreme Court case in which the Court interpreted the Federal Advisory Committee Act as well as Article I of the United States Constitution.
== Background ==
The Department of Justice regularly seeks advice from the Standing Committee on Federal Judiciary of the American Bar Association (ABA) regarding potential nominees for judgeships. The ABA Committee's investigations, reports, and votes on potential nominees are kept confidential, although its rating of a particular candidate is made public if he or she is in fact nominated. Appellant Washington Legal Foundation (WLF) filed suit against the Justice Department after the ABA Committee refused WLF's request for the names of potential nominees it was considering and for its reports and minutes of its meetings.
The action was brought under the Federal Advisory Committee Act (FACA), which, among other things, defines an "advisory committee" as any group "established or utilized" by the President or an agency to give advice on public questions, and requires a covered group to file a charter, afford notice of its meetings, open those meetings to the public, and make its minutes, records, and reports available to the public.
The plaintiffs asked the District Court to declare the Committee an "advisory group" subject to FACA's requirements and to enjoin the Department from utilizing the ABA Committee until it complied with those requirements. The District Court dismissed, "holding that the Department's use of the ABA Committee is subject to FACA's strictures but that applying FACA to the ABA Committee would unconstitutionally infringe on the President's Article II power to nominate federal judges and violate the doctrine of separation of powers."()

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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