Public Citizen v. Department of Justice

Public Citizen v. Department of Justice, 491 U.S. 440 (1989), is a United States Supreme Court case in which the Court interpreted the Federal Advisory Committee Act as well as Article II of the United States Constitution.[1]

Public Citizen v. Department of Justice
Argued April 17, 1989
Decided June 21, 1989
Full case namePublic Citizen v. United States Department of Justice, et al.
Citations491 U.S. 440 (more)
109 S. Ct. 2558; 105 L. Ed. 2d 377; 1989 U.S. LEXIS 3119
Case history
PriorUnited States Court of Appeals for the District of Columbia Circuit found that the American Bar Association committee was “advisory committee” within meaning of Federal Advisory Committee Act, but that application of open meeting and records provisions of that Act to committee would be unconstitutional, Washington Legal Found. v. U.S. Dep't of Justice, 691 F. Supp. 483 (D.D.C. 1988); probable jurisdiction noted, 488 U.S. 979 (1988).
Interest groups seeking to uphold the Federal Advisory Committee Act had standing to bring suit, and the Act did not apply to Justice Department's solicitation of committee's views on prospective judicial nominees.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityBrennan, joined by White, Marshall, Blackmun, Stevens
ConcurrenceKennedy, joined by Rehnquist, O'Connor
Scalia took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Art. II § 1, Federal Advisory Committee Act