Supreme Court Justice (nominated by Pres. George W. Bush 2005)
Public committees need not disclose documents
Roberts joined the court's decision in NATURAL RESOURCES DEFENSE COUNCIL v. DEPARTMENT OF ENERGY:
This appeal presented the question whether the Federal Advisory Committee Act (FACA) applied to a committee the Department of Energy formed to provide
it with advice. The Committee consisted of federal employees and contractors who manage and operate Department-owned laboratories. The district court held that FACA applied to the committee and that the Department had failed to comply with FACA's
requirements to disclose committee documents.
On Nov. 24, 2003, after the case had been argued, the President signed into law the National Defense Authorization Act, stating that "Department of Energy Project Review Groups are not subject to FACA."
The new legislation had the effect of exempting Department of Energy committees, as the NRDC concedes.
We therefore remand the case to the district court for the purpose of altering its judgment.
Source: FindLaw case 02-5387, US Court of Appeals, DC Circuit
Jan 2, 2004
Ok to keep Cheney's energy task force secret
Judge Roberts was one of the dissenters in the court's 5-3 denial of a petition filed by the Bush Administration in its continuing efforts to avoid releasing records pertaining to Vice President Cheney's energy task force.
This ruling came in litigation brought by Judicial Watch and the Sierra Club charging that the Vice President's task force had violated federal law by not making its records public.
The court's ruling marked "the fourth time a judicial panel has rebuffed efforts to keep the information from the public." At the Administration's urging, the Supreme Court has agreed to review the case; a decision is expected by the end of June 2004.
Source: People for the American Way: Independent Judiciary report
Sep 12, 2003
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