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PUBLIC CITIZEN v. UNITED STATES DEPARTMENT OF JUSTICE

No. 88-429.

491 U.S. 440 (1989)

109 S.Ct. 2558

105 L.Ed.2d 377

PUBLIC CITIZEN v. UNITED STATES DEPARTMENT OF JUSTICE ET AL.

Supreme Court of United States.

Decided June 21, 1989

Attorney(s) appearing for the Case

Eric R. Glitzenstein argued the cause for appellant in No. 88-429. With him on the briefs were Patti A. Goldman and Alan B. Morrison. Paul D. Kamenar argued the cause for appellant in No. 88-494. With him on the briefs was Daniel J. Popeo.

Deputy Solicitor General Shapiro argued the cause for appellees in both cases. With him on the brief were Acting Solicitor General Wallace, Assistant Attorney General Bolton, Paul J. Larkin, Jr., and Douglas Letter. Rex E. Lee, Ronald S. Flagg, Carter G. Phillips, Mark D. Hopson, H. Blair White, David T. Pritikin, and Darryl L. DePriest filed a brief for appellee American Bar Association.†

JUSTICE BRENNAN delivered the opinion of the Court.

The Department of Justice regularly seeks advice from the American Bar Association's Standing Committee on Federal Judiciary regarding potential nominees for federal judgeships. 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...

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