Sandra Day O`Connor on Energy & Oil

Let courts decide what's secret in Cheney energy task force.

Court rules, 7-2, in the case of V.P. Dick Cheney v. U.S. District Court for the District of Columbia: The Sierra Club and Judicial Watch sued Cheney and his energy task force, which was made up of government officials and advised by executives in the energy industry, to try to make them reveal details about the group's meetings. Cheney said the group was shielded by the Federal Advisory Committee Act, which allows groups made up of government officials to keep the proceedings secret. The Sierra Club and Judicial Watch, however, said the executives were active enough in the group to be considered de facto members.

HELD: Kennedy, joined by Rehnquist, Stevens, O'Connor, Breyer

After the case was returned to the lower court, on May 9, 2005, the U.S. Court of Appeals for the District of Columbia ruled that the Vice President's Energy Task Force did not have to comply with disclosure.

CONCURRENCE: Concurring in part; dissenting in part: by Thomas; joined by Scalia

DISSENT: Dissent by Ginsburg; joined by Souter