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CHENEY v. UNITED STATES DIST. COURT FOR D.C.

No. 03-475.

542 U.S. 367 (2004)

CHENEY, VICE PRESIDENT OF THE UNITED STATES, ET AL. v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ET AL.

Supreme Court of United States.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Solicitor General Olson argued the cause for petitioners. With him on the briefs were Assistant Attorney General Keisler, Deputy Solicitor General Clement, Deputy Assistant Attorneys General Katsas and Coffin, and Mark B. Stern, Michael S. Raab, and Douglas Hallward-Driemeier.

Alan B. Morrison argued the cause for respondent Sierra Club. With him on the brief were Scott Nelson, David Bookbinder, Patrick Gallagher, Alex Levinson, and Sanjay Narayan. Paul J. Orfanedes argued the cause for respondent Judicial Watch, Inc. With him on the brief was James F. Peterson.*

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, and BREYER, JJ., joined, and in which SCALIA and THOMAS, JJ., joined as to Parts I, II, III, and IV. STEVENS, J., filed a concurring opinion, p. 392. THOMAS, J., filed an opinion concurring in part and dissenting in part, in which SCALIA, J., joined, p. 393. GINSBURG, J., filed a dissenting opinion, in which SOUTER, J., joined, p. 396.

JUSTICE KENNEDY delivered the opinion of the Court.

The United States District Court for the District of Columbia entered discovery orders directing the Vice President and other senior officials in the Executive Branch to produce information about a task force established to give advice and make policy recommendations to the President. This case requires us to consider the circumstances under which a court of appeals may exercise its power to issue a writ of mandamus...

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