IN RE CHENEY

No. 02-5354.

406 F.3d 723 (2005)

In Re: Richard B. CHENEY, Vice President of the United States, et al., Petitioners

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2005.


Attorney(s) appearing for the Case

Paul D. Clement, Acting Solicitor General, U.S. Department of Justice, argued the cause for petitioners. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, United States Attorney, Edwin S. Kneedler, Deputy Solicitor General, Gregory G. Katsas, Deputy Assistant Attorney General, David B. Salmons and Douglas Hallward-Driemeier, Assistants to the Solicitor General, and Mark B. Stern, Thomas M. Bondy, and Michael S. Raab, Attorneys. Eric D. Miller, Attorney, and Shannen W. Coffin entered appearances.

Sanjay Narayan and Paul J. Orfanedes argued the cause for respondents Sierra Club and Judicial Watch, Inc. With them on the brief were Alex Levinson, David Bookbinder, Roger Adelman, and James F. Peterson.

David Overlook Stewart, Thomas M. Susman, and Stacy J. Dawson were on the brief of amici curiae American Association for Law Libraries, et al. in support of respondents.

Before: GINSBURG, Chief Judge, and EDWARDS, SENTELLE, RANDOLPH, ROGERS, TATEL, GARLAND, and ROBERTS, Circuit Judges.


Argued En Banc January 27, 2005.

RANDOLPH, Circuit Judge.

The Supreme Court vacated our decision in In re Cheney, 334 F.3d 1096 (D.C.Cir. 2003), and remanded the case for reconsideration of the government's petition for a writ of mandamus. Cheney v. U.S. Dist. Court, 542 U.S. 367, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004). We granted the government's motion to rehear the case en...

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