Public Citizen v. United States Department of Justice

The Department of Justice regularly seeks advice from the American Bar Association’s Standing Committee on Federal Judiciary regarding potential nominees for federal judge-ships. The question before us is whether the Federal Advisory Committee Act (FACA), 86 Stat. 770, as amended, 5 U. S. C. App. § 1 et seq. (1982 ed. and Supp. V), applies to these consultations and, if it does, whether its application interferes unconstitutionally with the President’s prerogative under Article II to nominate and appoint officers of the United States; violates the doctrine of separation of powers; or unduly…