cheney vice president et al district district columbia et argued april decided june counsel record petitioners cheney et al theodore olson solicitor general washington dc respondent sierra club alan morrison public citizen litigation group washington dc respondent judicial watch paul orfanedes judicial watch washington dc president established national energy policy development group group give advice make recommendations energy policy assigning number federal agency heads assistants serve group members authorizing vice president group chairman include federal officers appropriate group issued final report according government terminated operations respondents filed separate actions later consolidated district alleging group complied federal advisory committee act faca inter alia imposes variety disclosure requirements entities meeting definition advisory committee relevant committee entity subgroup established utilized president exclud ing committee composed wholly permanent federal officers employees app complaint alleged nonfederal employees private lobbyists regularly attended fully participated group nonpublic meetings de facto group members group benefit exemption therefore subject faca requirements suit sought declaratory relief injunction requiring defendants including vice president government officials serving group produce materials allegedly subject faca requirements among rulings district granted defendants motion dismiss denied others held faca substantive requirements enforced vice president government participants mandamus act agency defendants administrative procedure act deferred ruling whether faca disclosure duty sufficiently clear nondiscretionary mandamus issue also deferred ruling government contention disregard exemption apply faca group violate principles interfere president vice president constitutional prerogatives instead allowed respondents conduct discovery ascertain group structure membership thus determine whether de facto membership doctrine applied acknowledging discovery might raise serious constitutional questions explained government assert executive privilege protect sensitive materials disclosure noted discovery respondents evidentiary support allegations de facto members group government prevail statutory grounds even appropriate address constitutional issues explained discovery orders provide factual development necessary determine extent alleged intrusion executive constitutional authority ordered respondents submit discovery plan approved plan due course entered orders allowing discovery proceed denied government motion certification respect discovery orders petitioners sought writ mandamus appeals vacate discovery orders relief dismissed mandamus petition ground alternative avenues relief remained available citing nixon held petitioners order guard intrusion president prerogatives must first assert executive privilege particularity district lower sustained privilege appeals observed petitioners able obtain relief sought district rejected claim mandamus might well appropriate long conflict remained hypothetical held authority exercise extraordinary remedy mandamus although acknowledging scope respondents discovery requests overly broad appeals nonetheless agreed district petitioners bear burden invoking executive privilege objecting discovery orders detailed precision held respondents preliminary argument mandamus petition jurisdictionally time rejected respondents assert government basic argument one discovery immunity need invoke executive privilege make particular objections discovery requests mandamus petition filed within days district denied motion dismiss federal rule appellate procedure theory last day filing appeals september whereas mandamus petition notice appeal filed november however rule plain terms applies filing notice appeal inapplicable mandamus petition writs act respondents alternative argument mandamus petition barred equitable doctrine laches also fails laches might bar petitioner slept rights especially delay prejudicial chapman county douglas however flurry motions government filed district denied dismissal motion overcomes respondents argument accept argument laches apply government motions amounted little dilatory tactics given drastic nature mandamus holdings writ may issue alternative avenues relief remain available government faulted attempting resolve dispute less drastic means pp appeals erred concluding lacked authority issue mandamus government protect rights asserting executive privilege district pp mandamus drastic extraordinary remedy reserved really extraordinary causes ex parte fahey conditions obtaining may demanding insuperable issued mandamus inter alia restrain lower whose actions threaten separation powers embarrassing executive branch ex parte peru vice president party argument appeals entertained mandamus action might present different considerations however vice president group comembers subjects discovery orders mandamus petition alleges orders threaten substantial intrusions process closest president advise facts allegations remove case category ordinary discovery orders interlocutory appellate review unavailable mandamus otherwise president communications activities encompass vastly wider range sensitive material true ordinary individual nixon president law judiciary must afford presidential confidentiality greatest possible protection recognizing paramount necessity protecting executive branch vexatious litigation might distract energetic performance constitutional duties considerations inform appeals evaluation mandamus petition involving president vice president accepted mandamus standards broad enough allow prevent lower interfering coequal branch ability discharge constitutional responsibilities see ex parte peru supra pp appeals labored mistaken assumption assertion executive privilege necessary precondition government objections view requirement vice president group colleagues bear burden invoking executive privilege narrow specificity objecting discovery requests detailed precision mandated nixon rejection absolute unqualified presidential privilege immunity judicial process circumstances even compared nixon criminal subpoenas involving president civil discovery militates respondents position checks civil discovery analogous constraints imposed criminal justice system filter insubstantial legal claims federal rule civil procedure sanctions private attorneys obligation candor judicial tribunal proved insufficient discourage filing meritless claims executive branch finally narrowly tailored subpoena orders nixon precisely identified specific ally enumerated relevant materials clear abuse discretion bankers life casualty holland must also ask whether district actions constituted unwarranted impairment another branch performance constitutional duties pp absent overriding concerns need avoid piecemeal litigation see schlagenhauf holder declines direct appeals issue mandamus district case considered issues appeals abused discretion failing issue writ instead relied mistaken reading nixon prematurely terminated inquiry without even reaching weighty objections raised case exercising discretion determine whether mandamus appropriate circumstances issuance writ vested discretion petition made leaves appeals address parties arguments matters bearing whether mandamus issue bearing mind burdens imposed executive branch future proceedings special considerations applicable president vice president suggest lower courts sensitive government requests interlocutory appeals reexamine whether statute embodies de facto membership doctrine pp vacated remanded kennedy delivered opinion rehnquist stevens breyer joined scalia thomas joined parts ii iii iv stevens filed concurring opinion thomas filed opinion concurring part dissenting part scalia joined ginsburg filed dissenting opinion souter joined richard cheney vice president et petitioners district district columbia et al writ certiorari appeals district columbia circuit june justice kennedy delivered opinion district district columbia entered discovery orders directing vice president senior officials executive branch produce information task force established give advice make policy recommendations president case requires us consider circumstances appeals may exercise power issue writ mandamus modify dissolve orders virtue overbreadth enforcement might interfere officials discharge duties impinge upon president constitutional prerogatives days assuming office president george bush issued memorandum establishing national energy policy development group nepdg group group directed develo national energy policy designed help private sector government levels promote dependable affordable environmentally sound production distribution energy future app president assigned number agency heads assistants employees federal government serve members committee authorized vice president chairman group invite officers federal government participate appropriate five months later nepdg issued final report according government terminated operations following publication report respondents judicial watch sierra club filed separate actions later consolidated district respondents alleged nepdg failed comply procedural disclosure requirements federal advisory committee act faca act app faca enacted monitor numerous committees boards commissions councils similar groups established advise officers agencies executive branch federal government prevent wasteful expenditure public funds may result proliferation public citizen department justice subject specific exemptions faca imposes variety disclosure requirements groups meet definition advisory committee relevant advisory committee means committee board commission council conference panel task force similar group subcommittee subgroup thereof established utilized president except definition excludes committee composed wholly permanent officers employees federal government app respondents dispute president appointed federal government officials nepdg agree nepdg established president memorandum composed wholly permanent officers employees federal government ibid complaint alleges however employees including private lobbyists regularly attended fully participated meetings app judicial watch complaint relying association american physicians surgeons clinton cadc aaps respondents contend regular participation individuals made de facto members committee according complaint involvement role functionally indistinguishable formal members result respondents argue nepdg benefit act exemption subsection subject faca requirements vice president cheney nepdg government officials served committee alleged de facto members named defendants suit seeks declaratory relief injunction requiring produce materials allegedly subject faca requirements defendants moved dismiss district granted motion part denied part acknowledged faca create private cause action basis dismissed respondents claims defendants nepdg dissolved sued defendant claims dismissed well district held however faca substantive requirements enforced vice president government participants nepdg mandamus act agency defendants administrative procedure act apa district recognized disclosure duty must clear nondiscretionary mandamus issue must among things final agency actions apa apply according district premature decide questions held respondents alleged sufficient facts keep vice president defendants case district deferred ruling government contention disregard exemption apply faca nepdg violate principles separation powers interfere constitutional prerogatives president vice president instead allowed respondents conduct discovery ascertain nepdg structure membership thus determine whether de facto membership doctrine applies judicial watch national energy policy dev group supp dc acknowledging discovery might raise serious constitutional questions district explained government assert executive privilege protect sensitive materials disclosure district view issues executive privilege much limited scope broad constitutional challenge raised government district adopted approach attempt avoid constitutional questions noting discovery respondents evidentiary support allegations regular participation lobbyists industry executives nepdg government prevail statutory grounds furthermore district explained even appropriate address constitutional issues factual development necessary determine extent alleged intrusion executive constitutional authority denied part motion dismiss ordered respondents submit discovery plan due course district approved respondents discovery plan entered series orders allowing discovery proceed see cadc app reproducing orders entered denied government motion certification respect discovery orders petitioners sought writ mandamus appeals vacate discovery orders direct district rule basis administrative record dismiss vice president suit vice president also filed notice appeal orders see cohen beneficial industrial loan nixon divided panel appeals dismissed petition writ mandamus vice president attempted interlocutory appeal cheney cadc respect mandamus majority declined issue writ ground alternative avenues relief remained available citing nixon supra majority held petitioners guard intrusion president prerogatives must first assert privilege reading nixon moreover privilege claims must made particularity majority view district sustains privilege petitioners able obtain relief seek district rejects claim executive privilege creates imminent risk disclosure allegedly protected presidential communications mandamus might well appropriate avoid letting cat bag long separation powers conflict petitioners anticipate remains hypothetical panel held authority exercise extraordinary remedy mandamus majority acknowledged scope respondents requests overly broad seeks far limited items respondents entitled district ultimately determines nepdg subject faca requests produce also go well beyond faca requirements ibid respondents discovery also goes well beyond need prove nonetheless agreed district petitioners bear invoking executive privilege filing objections discovery orders precision quoting order similar reasons majority rejected vice president interlocutory appeal nixon held president appeal interlocutory subpoena order without place posture disobeying order merely trigger procedural mechanism review majority however found case inapplicable vice president cheney unlike nixon yet asserted privilege majority view vice president forced choose disclosure suffering contempt failure obey order majority held require vice president assert privilege create unnecessary confrontation two branches government described nixon judge randolph filed dissenting opinion view aaps de facto membership doctrine mistaken constitution bars application nepdg allowing discovery determine applicability de facto membership doctrine concluded inappropriate issued writ mandamus directing dismissal complaints granted certiorari vacate judgment appeals remand case proceedings reconsider government mandamus petition ii preliminary matter address respondents argument government petition writ mandamus jurisdictionally time alternatively barred equitable doctrine laches according respondents government basic argument one discovery immunity need invoke executive privilege make particular objections discovery requests mandamus petition filed appeals within days district denied government motion dismiss see fed rule app proc officer agency party notice appeal may filed party within days judgment order appealed entered theory last day making filing appeals september government however file mandamus petition notice appeal november four months district issued order respondents view commenced time appeal even respondents acknowledge however rule plain terms applies filing notice appeal brief respondent sierra club rule inapplicable government mandamus petition writs act vacate appeals judgment remand case proceedings consider whether writ mandamus issued need decide whether vice president also appealed district orders nixon collateral order doctrine express opinion whether vice president notice appeal timely filed respondents argument mandamus petition barred laches withstand scrutiny laches might bar petition writ mandamus petitioner slept upon rights especially delay prejudicial party rights persons chapman county douglas flurry activity following district denial motion dismiss overcomes respondents argument government neglected assert rights government filed among papers motion protective order september motion stay pending appeal october motion leave appeal pursuant october even agree baseline measuring timeliness government mandamus petition district order denying motion dismiss government active litigation posture far neglect delay make application laches appropriate accept furthermore respondents argument laches apply motions filed government following district denial motion dismiss amounted little dilatory tactics delay obstruct proceedings brief respondent sierra club light drastic nature mandamus precedents holding mandamus may issue long alternative avenues relief remain available government faulted attempting resolve dispute less drastic means law put litigants impossible position exhaust alternative remedies petitioning mandamus one hand file mandamus petition earliest possible moment avoid laches petition properly appeals consideration iii come central issue case whether appeals correct conclude ha authority exercise extraordinary remedy mandamus ground government protect rights asserting executive privilege district writ mandamus lower codified courts established act congress may issue writs necessary appropriate aid respective jurisdictions agreeable usages principles law drastic extraordinary remedy reserved really extraordinary causes ex parte fahey traditional use writ aid appellate jurisdiction common law federal courts confine mandamus sought lawful exercise prescribed jurisdiction roche evaporated milk although courts confined arbitrary technical definition exceptional circumstances amounting judicial power clear abuse discretion bankers life casualty holland justify invocation extraordinary remedy writ one potent weapons judicial arsenal three conditions must satisfied may issue kerr dist northern dist first party seeking issuance writ must adequate means attain relief desires condition designed ensure writ used substitute regular appeals process fahey supra second petitioner must satisfy burden showing right issuance writ clear indisputable kerr supra quoting banker life casualty supra third even first two prerequisites met issuing exercise discretion must satisfied writ appropriate circumstances kerr supra citing schlagenhauf holder hurdles however demanding insuperable issued writ restrain lower actions threaten separation powers embarrass ing executive arm government ex parte peru result intrusion federal judiciary delicate area relations supra citing maryland soper vice president party case argument appeals entertained action mandamus notwithstanding district denial motion certification might present different considerations however vice president comembers nepdg subjects discovery orders mandamus petition alleges orders threaten substantial intrusions process closest operational proximity president advise president app facts allegations remove case category ordinary discovery orders interlocutory appellate review unavailable mandamus otherwise well established president communications activities encompass vastly wider range sensitive material true individual nixon short long recognized position constitutional scheme office president occupies quoting nixon fitzgerald breyer concurring judgment nixon explained principles mean president law rather simply acknowledge public interest requires coequal branch government afford presidential confidentiality greatest protection consistent fair administration justice give recognition paramount necessity protecting executive branch vexatious litigation might distract energetic performance constitutional duties considerations inform appeals evaluation mandamus petition involving president vice president accepted mandamus standards broad enough allow appeals prevent lower interfering coequal branch ability discharge constitutional responsibilities see ex parte peru supra recognizing jurisdiction issue writ action political arm government taken within appropriate sphere must promptly recognized delay inconvenience prolonged litigation must avoided prompt termination proceedings district see also clinton jones supra recognized ven branch arrogate power doctrine requires branch impair another performance constitutional duties quoting loving iv appeals dismissed concerns relying nixon held even though respondents discovery requests overbroad go well beyond faca requirements vice president former colleagues nepdg shall bear burden invoking privilege narrow specificity objecting discovery requests detailed precision view result required nixon rejection absolute unqualified presidential privilege immunity judicial process circumstances nixon refused recognize broad claims confidentiality president asserted executive privilege majority reasoned nixon must rejected fortiori petitioners claim discovery immunity privilege even invoked according majority executive branch invoke executive privilege maintain separation powers mandamus relief premature analysis however overlooks fundamental differences two cases nixon bear weight appeals puts upon first unlike case concerns respondents requests information use civil suit nixon involves proper balance executive interest confidentiality communications constitutional need production relevant evidence criminal proceeding decision explicit concerned balance president generalized interest confidentiality need relevant evidence civil litigation address conflict president assertion generalized privilege confidentiality constitutional need relevant evidence criminal trials distinction nixon drew criminal civil proceedings matter formalism explained need information criminal context much weightier historic al commitment rule law nowhere profoundly manifest view twofold aim criminal justice guilt shall escape innocence suffer quoting berger light fundamental comprehensive need every man evidence criminal justice system must executive branch first assert privilege resist disclosure privilege claims shield information grand jury proceeding criminal trial expansively construed derogation search truth need information use civil cases far negligible share urgency significance criminal subpoena requests nixon nixon recognized right production relevant evidence civil proceedings constitutional dimensions also observed nixon primary constitutional duty judicial branch justice criminal prosecutions withholding materials tribunal ongoing criminal case information necessary carrying tasks conflict function courts art iii ibid impairment essential functions another branch impermissible withholding information case however hamper another branch ability perform essential functions quite way ibid district ordered discovery remedy known statutory violations ascertain whether faca disclosure requirements even apply nepdg first place even faca embodies important congressional objectives consequence respondents inability obtain discovery seek difficult private complainants vindicate congress policy objectives faca even argument sake reasoning judge randolph dissenting opinion end rejected faca statutory objectives extent frustrated follow article iii authority congress central article powers impaired situation fairness compared nixon ability fulfill constitutional responsibility resolve cases controversies within jurisdiction hinges availability certain indispensable information party need information one facet problem important factor weighing opposite direction burden imposed discovery orders routine discovery dispute discovery requests directed vice president senior government officials served nepdg give advice make recommendations president executive branch highest level seeking aid courts protect constitutional prerogatives already noted special considerations control executive branch interests maintaining autonomy office safeguarding confidentiality communications implicated held one occasion high respect owed office chief executive matter inform conduct entire proceeding including timing scope discovery clinton altogether misplaced even compared nixon criminal subpoenas involve president civil discovery militates respondents position observation nixon production confidential information disrupt functioning executive branch applied mechanistic fashion civil litigation criminal justice system various constraints albeit imperfect filter insubstantial legal claims decision prosecute criminal case example made publicly accountable prosecutor subject budgetary considerations ethical obligation win zealously advocate client also serve cause justice rigors penal system also mitigated responsible exercise prosecutorial discretion contrast analogous checks civil discovery process although federal rule civil procedure sanctions available private attorneys also owe obligation candor judicial tribunal safeguards proved insufficient discourage filing meritless claims executive branch view visibility offices president vice president effect actions countless people easily identifiable target suits civil damages nixon fitzgerald supra finally narrow subpoena orders nixon stand altogether different footing overly broad discovery requests approved district case criminal subpoenas nixon required satisfy exacting standards relevancy admissibility specificity interpreting fed rule crim proc intended provide means discovery burden showing standards met moreover fell party requesting information order require production prior trial moving party must show applicable standards met nixon addressed issue executive privilege satisfied special prosecutor surmounted demanding requirements sustained rule challenge occasion reach claim privilege asserted respect subpoenaed material specificity subpoena requests serves important safeguard unnecessary intrusion operation office president contrast nixon subpoena orders precisely identified specific ally enumerated relevant materials discovery requests panel majority acknowledged ask everything sky documents identifying referring staff personnel contractors consultants employees task force documents establishing referring documents identifying referring staff personnel contractors consultants employees documents identifying referring persons participating preparation report activities task force documents concerning communication relating activities task force activities preparation report documents concerning communication relating activities task force activities preparation report person list agencies app preceding excerpt respondents first request production documents emphasis added beginning respondents first set interrogatories similarly unbounded scope given breadth discovery requests case compared narrow subpoena orders nixon precedent provides support proposition executive branch shall bear burden invoking executive privilege sufficient specificity making particularized objections sure nixon held president assertion broad undifferentiated need confidentiality invocation absolute unqualified executive privilege withhold information face subpoena orders holding judiciary may direct appropriate process executive nixon fitzgerald government however fact object scope discovery asked district narrow way arguments ignored see app arguing case resolved far short inquiries plaintiffs proposed suggesting alternatives limi discovery defendants object scope plaintiffs discovery requests undue burden imposed scope plaintiffs requests broader reasonably calculated lead admissible evidence state general objections purposes clarity record preclude later argument including general objections waived addition government objected burden arise district insistence vice president winnow discovery orders asserting specific claims privilege making particular objections app tr status hearing noting concerns disrupting effective functioning presidency ompliance order imposes burden office vice president real burden completed done everything honor asked us today burden gone realized arguments rejected see order noting numerous occasions rejected government assertion orders requiring respond fashion discovery requests creates burden executive branch contrary district appeals conclusions nixon leave sole option inviting executive branch invoke executive privilege remaining otherwise powerless modify party overly broad discovery requests executive privilege extraordinary assertion power lightly invoked reynolds executive privilege asserted coequal branches government set collision course judiciary forced difficult task balancing need information judicial proceeding executive article ii prerogatives inquiry places courts awkward position evaluating executive claims confidentiality autonomy pushes fore difficult questions separation powers checks balances occasion constitutional confrontation two branches avoided whenever possible nixon supra recognition concerns sound precedent district columbia district courts explore avenues short forcing executive invoke privilege asked enforce executive branch unnecessarily broad subpoenas poindexter supp defendant poindexter trial criminal charges sought district enforce subpoena orders president reagan obtain allegedly exculpatory materials executive considered subpoenas unreasonable oppressive rejecting defendant argument executive must first assert executive privilege narrow subpoenas district agreed president undesirable matter constitutional public policy compel president make decision privilege respect large array documents ibid decided narrow scope subpoenas allow executive consider whether invoke executive privilege respect smaller number documents following narrowing subpoenas one example choices available district appeals case discussed outset principles mandamus jurisdiction appeals may exercise power issue writ upon finding exceptional circumstances amounting judicial power clear abuse discretion bankers life case implicates separation powers appeals must also ask part inquiry whether district actions constituted unwarranted impairment another branch performance constitutional duties especially district analysis whether mandamus relief appropriate constrained principles similar outlined supra limit appeals use remedy panel majority however failed ask question instead labored mistaken assumption assertion executive privilege necessary precondition government objections absence overriding concerns sort discussed schlagenhauf discussing among things need avoid piecemeal litigation settle important issues first impression areas bears special responsibility decline petitioners invitation direct appeals issue writ district moreover case considered issues appeals abused discretion failing issue writ instead appeals relying mistaken reading nixon prematurely terminated inquiry government refused assert privilege without even reaching weighty objections raised case much less exercised discretion determine whether writ appropriate circumstances ante issuance writ matter vested discretion petition made presented original writ mandamus see ex parte peru leave appeals address parties arguments respect challenge aaps discovery orders matters bearing whether writ mandamus issue also addressed first instance appeals considering additional briefs arguments deems appropriate note courts mindful burdens imposed executive branch future proceedings special considerations applicable president vice president suggest courts sensitive requests government interlocutory appeals reexamine example whether statute embodies de facto membership doctrine judgment appeals district columbia vacated case remanded proceedings consistent opinion ordered richard cheney vice president et petitioners district district columbia et al writ certiorari appeals district columbia circuit june justice stevens concurring broad discovery encouraged serves salutary purpose facilitating prompt fair resolution concrete disputes normal case entirely appropriate require responding party make particularized objections discovery requests circumstances however requesting party required assume heavy burden persuasion discovery allowed two interrelated considerations support taking approach case nature remedy respondents requested district nature statute sought enforce relevant respondents judicial watch sierra club sought writ mandamus mandamus extraordinary remedy available plaintiff defendant owes clear nondiscretionary duty heckler ringer thus persuade district entitled mandamus relief respondents establish petitioners nondiscretionary duty comply federal advisory committee act faca app et particular faca requirement records related advisory committee work made public requirement still enforceable respondent sierra club concedes national energy policy development group nepdg longer exists see judicial watch national energy policy dev group supp dc relying appeals novel de facto member doctrine ante respondents sought make showing obtaining records entitled win lawsuit words respondents sought obtain discovery information nepdg work order establish entitlement information thus granting broad discovery case effectively prejudged merits respondents claim mandamus relief outcome entirely inconsistent extraordinary nature writ circumstances instead requiring petitioners object particular discovery requests district required respondents demonstrate particular requests tend establish theory case therefore think appropriate appeals vacate district discovery order nevertheless join opinion judgment architect de facto member doctrine appeals appropriate forum direct future proceedings case richard cheney vice president et petitioners district district columbia et al writ certiorari appeals district columbia circuit june justice ginsburg justice souter joins dissenting government seeking writ mandamus appeals district columbia brief urged case resolved without discovery see app brief petitioners reply brief vacating judgment appeals however remands consideration whether mandamus appropriate due overbreadth district discovery orders see ante appeals observed appeared government never asked district narrow discovery cheney cadc emphasis original given government decision resist discovery mandamus relief based exorbitance discovery orders least premature therefore affirm judgment appeals denying allow district first instance pursue expressed intention tightly rei discovery judicial watch national energy policy dev group supp dc government request discovery issue sought civil action filed respondents judicial watch sierra club gain information concerning membership operations task force national energy policy development group nepdg respondents filed suit federal advisory committee act faca app et seq respondents named among defendants vice president senior executive branch officials see app ante granting part denying part government motions dismiss see supp district approved respondents extensive discovery plan included detailed interrogatories sweeping requests production documents see app pet cert app later order district directed government produce documents privilege log app pet cert discovery plan drawn judicial watch sierra club indeed unbounded scope ante accord initial approval plan district however given stunning disregard concerns cf ante order district invited detailed precise object ions discovery requests instructed government identify explain invocations privilege particularity app pet cert avoid duplication district provided government identify documents information responsive discovery requests ha already released judicial watch sierra club different fora anticipating proceedings concerning discovery district suggested government submit privileged documents seal consideration appoint equivalent special master maybe retired judge review allegedly privileged documents app government file specific objections supply particulars support assertions privilege instead government urged district rule judicial watch sierra club discovery see governmen position discovery appropriate far tell petitioners never asked district narrow discovery matters respondents need support allegation faca applies nepdg emphasis original government view resolution case ha flow administrative record sans discovery app without taking district suggestion readiness rein discovery see supp government behalf vice president moved unsuccessfully protective order certification interlocutory appeal pursuant see see app pet cert district denial protective order supp dc district denial certification district hearing government motion stay pending interlocutory appeal government argued injury submitting discovery absence compelling showing need respondents app see supp dc district order denying stay despite absence flurry activity ante government motion contesting terms discovery plan proposing substitute plan see government fact object scope discovery asked district narrow way ante support statement points government objections proposed discovery plan response interrogatories production requests contention discovery unduly burdensome see ante app true government disputed definition term meeting respondents interrogatories stated passing discovery limited written interrogatories limited scope issue membership appeals noted government mentioned excessive discovery support plea shielded discovery government argument burden document production unconstitutional burden app similarly anchored government urged district hearing underlying position going produce anything government bottom line firmly consistently review limited administrative record frame resolution case accord administrative record consist presidential memorandum establishing nepdg nepdg public report office vice president response judicial watch request permission attend nepdg meetings include anything respondents gain discovery indeed government acknowledged district litigation strategy involved opposition discovery plan whole lieu focused objections see government stated choose offer written objections discovery plan sounding government leitmotif hearing proposed discovery plan district stated government file objections rein discovery government view discovery appropriate without endeavoring correct misunderstanding district part government underscored resistance discovery asserting respondents entitled discovery supplement administrative record motion protective order government similarly declared unqualified opposition discovery see memorandum support defendants motion protective order reconsideration nos egs egs petitioners respectfully request enter protective order relieving obligation respond respondents discovery requests emphasis added see district short ignored concrete pleas narrow discovery see ante however voice concern government failure heed instructions told government precise constitutional objections let know determine whether discovery plan appropriate said well unconstitutional without elaborating said plaintiff proposed discovery plan approved defendants submitting specific objections plaintiff proposed request rule objections let know objections chose app denied certification district government sought writ mandamus appeals see mandamus petition government asked appellate vacate discovery orders issued district direct decide case basis administrative record supplemental affidavits may require direct vice president dismissed defendant support requests government argued case adjudicated without discovery constitution principles comity preclude discovery president vice president especially without demonstration compelling focused countervailing interest appeals acknowledged discovery plan presented respondents approved district goes well beyond respondents need appellate nevertheless denied mandamus petition concluding government concern remain ed hypothetical far ordering immediate disclosure communications senior executive branch officials information relevant advice formulated president appeals observed district directed government initially produce documents privilege log citation internal quotation marks omitted see app pet cert appeals stressed district accommodate concerns short denying discovery compelling invocation executive privilege see principally appeals stated discovery narrowed government move encompass whether officials participated nepdg extent government identify relevant materials produced litigation thus avoiding undue reproduction see app pet cert supra appropriate narrowing discovery allowed still impels vice president claim privilege district entertain privilege claims review allegedly privileged documents camera mindful judiciary responsibility police separation powers litigation involving executive appeals expressed confidence district respond petitioners concern narrow discovery ensure respondents obtain need prove case ii repeatedly observed writ mandamus extraordinary remedy reserved extraordinary situations gulfstream aerospace mayacamas citing kerr dist northern dist see ante reiterates party seeking issuance writ must adequate means attain relief desires kerr ante throughout litigation government declined move reduction district discovery order accommodate concerns see supra remands case appeals consider whether mandamus writ issue ordering district explore avenues short forcing executive invoke privilege particular narrow scope discovery ante nothing district orders appeals opinion however suggests either courts refuse reasonably accommodate concerns see supra parties seeking mandamus writ decline avail opportunities obtain relief district writ mandamus ordering relief discovery surely doubtful proposition district moreover err failing narrow discovery initiative although cites poindexter supp dc sound precedent narrowing discovery see ante target subpoena case former president reagan unlike petitioners case affirmatively requested narrowing district subject criticism awaits party motion tightening scope discovery certainly makes clear indisputable error adhering principle party initiation kerr internal quotation marks omitted review mandamus stage proceedings least comprehensible means test government position discovery appropriate litigation see brief petitioners etitioners arguments nature claim immunity remanding consideration measures apparently rejects position otherwise remand based overbreadth discovery requests make sense nothing record however intimates refusal reduce discovery indeed appeals already suggested tailored discovery avoid effectively prejudg ing merits respondents claim ante stevens concurring see respondents need documents referring involvement officials see also ante stevens concurring interrogatories depositions might determined whether employees voted nepdg recommendations drafted portions committee report accord appeals confident moved district protect petitioners legitimate interests keep discovery within appropriate limits therefore affirm judgment appeals richard cheney vice president et al district district columbia et al petition writ certiorari appeals district columbia circuit decided march memorandum justice scalia motion recuse cases consolidated motion filed behalf respondent sierra club private respondent judicial watch join motion publicly stated believe facts hunting trip satisfy legal standards requiring recusal judicial watch statement available clerk case file district nominal party mandamus action course made appearance since cases consolidated however recusal one entail recusal decision whether judge impartiality made light facts existed surmised reported see microsoft rehnquist opinion respecting recusal facts follows five years going louisiana long recess camp friend met two hunting companions baton rouge one dentist worker field handicapped rehabilitation last three years accompanied trip lives near friend host wallace carline never far know business reports described energy industry executive sense summons boardrooms exxonmobil con edison runs company provides services equipment rental oil rigs gulf mexico december visit learned carline admirer vice president cheney knowing vice president well acquainted years serving together ford administration enthusiastic asked whether carline like invite next year hunt answer yes conveyed invitation warm recommendation spring received acceptance subject course superseding demands vice president time summer vice president said go welcome fly louisiana national security requirements course must fly government plane invitation later extended space available son joining hunt first time accepted trip set long granted certiorari present case indeed petition certiorari even filed departed andrews air force base monday january flying gulfstream jet owned government landed patterson louisiana went car dock carline met us take us boat trip hunting camp arrived us joining hunters making hunters also present time members carline staff course vice president staff security detail intimate setting group hunted afternoon tuesday wednesday mornings fished two boats tuesday afternoon meals common sleeping rooms two three except vice president quarters hunting blinds turned never hunted blind vice president alone time trip except perhaps instances brief unintentional recall walking boat perhaps going dinner course said word present case vice president left camp wednesday afternoon two days arrival stayed hunt son late friday morning three us returned washington commercial flight new orleans ii let respond outset sierra club suggestion resolve doubts favor recusal motion recuse might sound advice sitting appeals see aguinda place taken another judge case proceed normally however consequence different proceeds eight justices raising possibility reason tie vote find unable resolve significant legal issue presented case thus justices stated statement recusal policy think serve public interest go beyond requirements statute recuse excess caution whenever relative partner firm us acted lawyer earlier stage even one unnecessary recusal impairs functioning available clerk case file moreover granting motion insofar outcome particular case concerned effectively casting vote petitioner petitioner needs five votes overturn judgment makes difference whether needed fifth vote missing cast side cast even recusal course must take take basis established principles practices said done something requires course recused reason term see elk grove unified school district newdow cert granted believe however established principles practices require thus permit recusal present case recusal required reason actions described impartiality might reasonably questioned result follow sizable group persons hunting camp vice president never hunted blind opportunity private conversation possibility suggest friend friendship ground recusal justice personal fortune personal freedom friend issue traditionally ground recusal official action issue matter important official action ambitions reputation government officer rule required members remove cases official actions friends issue utterly disabling many justices reached precisely friends incumbent president senior officials earliest days modern times justices close personal relationships president officers executive john quincy adams hosted dinner parties featuring luminaries chief justice marshall justices johnson story todd attorney general wirt daniel webster memoirs john quincy adams adams ed diary entry mar justice harlan wife often white house see hayes family pass sunday evening small group visiting singing hymns harlan memories long life justice stone tossed around medicine ball members hoover administration mornings outside white house memoirs herbert hoover justice douglas regular president franklin roosevelt poker parties chief justice vinson played poker president truman simon independent journey life william douglas mccullough truman rule disqualified much youngstown sheet tube sawyer case challenged president truman seizure steel mills justices knew truman well four appointed rule surely required justice holmes recusal northern securities case challenged president theodore roosevelt initiative see novick honorable justice life oliver wendell holmes holmes fanny dined white house every week two said however case different federal officer vice president cheney actually named party means rarity beginning current term excluding habeas actions fewer cases federal executive officers named official capacity every federal civil cases pending officer named traditionally made difference proposition friendship considered affect impartiality suits regardless name suits officer plaintiff seek relief personally government officer defendant seek relief personally government federal law provides automatic substitution new officer originally named officer replaced see federal rule civil procedure federal rule appellate procedure rule caption sierra club complaint action designates defendant vice president richard cheney official capacity vice president chairman national energy policy development group app emphasis added body complaint repeats paragraph defendant richard cheney sued official capacity vice president chairman cheney energy task force emphasis added sierra club relied upon fact rather personal suit basis denying petition asserted brief opposition presidential immunity discovery clinton jones private suit urely vice president subordinate white house officials greater immunity claim especially lawsuit relates official actions office primary relief sought declaratory judgment brief opposition richard cheney name appears suit head government committee allegedly comply federal advisory committee act faca app may reason office custody government documents plaintiffs seek person become head committee obtain custody documents plaintiffs name person cheney dismissed unlike defendant nixon clinton jones supra cheney represented personal attorney department justice person solicitor general courts levels referred arguments arguments government see cheney cadc judicial watch nat energy policy development group supp dc recusal motion however asserts following critical issue justice scalia recusal understanding legal dispute administrative decision conduct central case vice president integrity line chicago tribune motion recuse think certainly far legal issues immediately presented concerned legal dispute administrative decision asked determine powers district possessed faca whether appeals asserted mandamus appellate jurisdiction district nothing says subjects bearing upon reputation integrity richard cheney moreover even affirms decision allows discovery proceed district issue ultimately present still bearing upon reputation integrity richard cheney issue quite simply whether private individuals de facto members national energy policy development group nepdg matters whether caused cheney someone else whether cheney even aware de facto status de facto members according circuit law records minutes nepdg must made public recusal motion asserts however richard cheney reputation integrity line respondents alleged inter alia vice president head task force responsible involvement energy industry executives operations task force result task force became subject faca ibid far sierra club complaint concerned simply true vice president cheney singled caused involvement energy executives even allegation made irrelevant case faca assertedly requires disclosure private members task force matter energy industry executives ralph nader matter responsible membership vice president one particular see vice president reputation integrity line agency head reputation integrity line virtually suits accuse agency acting quote administrative procedure act arbitrar ily capricious ly abuse discretion otherwise accordance law beyond accusation nothing illegal immoral making energy industry executives members task force energy people probably think good idea allowing happen vice president went beyond assigned powers worse every agency head done action judicially set aside sure political consequences disclosure fact vice president favored business interests especially sector business formerly connected political consequences concern possibility convert official suit private one possibility exists greater lesser degree virtually suits involving agency action expect judges take account political consequences assess high low degree ask judges precisely seems quite wrong quite impossible make recusal depend upon degree political damage particular case expected inflict sum see nothing case takes category normal litigation friendship appearance friendship one named officers require recusal recusal motion claims fact justice scalia daughter sic vice president guest air force two flight louisiana means accepted sizable gift party pending case gift measured thousands dollars motion recuse let speak first value though principal point flight cost government nothing since condition invitation though flight vice president plane indeed free since returning purchased least expensive tickets cost precisely paid gone back commercial flights words none us saved cent flying vice president plane purpose going saving money avoiding inconvenience taken car new orleans morgan city considerable inconvenience friends meet plane new orleans schedule separate boat trips hunting camp us vice president party sure flying vice president jet comfortable convenient flying commercially accommodation matter address next paragraph principal point however social courtesies provided government expense officials whose business business official capacity hitherto thought prohibited members congress others frequently invited accompany executive branch officials government planes space available sort gift thought likely affect judge impartiality suggested fact ethics government act app et requires annual reporting transportation provided reimbursed excludes requirement transportation provided see committee financial disclosure administrative office courts financial disclosure report filing instructions judicial officers employees daresay hypothetical charity auction much bid dinner two white house flight louisiana vice president jet justices accept former regularity matter pending justices spouses invited believe december christmas reception residence vice president included opportunity photograph vice president cheney several justices attended fully accord proprieties iii learned sierra club filed recusal motion case assumed motion replete citations legal authority provide instances cases activity similar occurred justices recused least asked fact however motion cites two cases assertedly relevant issue nine appeals cases single one even involves motion gives single instance even remotely similar circumstances justice recused asked recuse instead argument section motion consists almost entirely references quotations newspaper editorials core sierra club argument follows sierra club makes motion damage integrity system done right today newspapers largest circulation largest largest called justice scalia step aside equal import counterbalance controversy single newspaper argued recusal american public reflected nation newspaper editorials unanimously concluded appearance favoritism objective observer compelled conclude justice scalia impartiality questioned facts satisfy section mandates recusal merely justice impartiality reasonably questioned motion recuse implications argument staggering must recuse significant portion press deemed american public demands motion attaches exhibits press editorials relies many even facts right length hunting trip together said several days san francisco chronicle four days boston globe nine days san antonio spent hours together hunting camp asserted vice president spent time alone rushes huddled together louisiana marsh plenty time talk privately los angeles times spent quality time bonding together duck blind atlanta simply reason think two discuss pending case buffalo news described vice president never blind never discussed case washington officials know rules know discussing judges pending cases anyone else forbidden palm beach post stated transportation provided appropriately oil services company newsday private jet whisked scalia louisiana vice president flew government plane cincinnati enquirer said scalia cheney guest private camp louisiana cheney wallace carline guest various newspapers described carline energy company official atlanta oil industrialist cincinnati enquirer oil company executive contra costa times oilman minneapolis star tribune energy industry executive washington post descriptions misleading inaccuracies pertaining facts regard law vast majority editorials display recognition central proposition federal officer ordinarily regarded personal party interest suit display recognition facilely assume contrary precedent suits mere political damage characterize destruction cheney reputation integrity ground recusal blast largely inaccurate uninformed opinion determine recusal question well established recusal inquiry must made perspective reasonable observer informed surrounding facts circumstances microsoft rehnquist opinion respecting recusal emphases added citing liteky iv sierra club apparently unable summon forth single example justice recusal even motion justice recusal circumstances similar able accomplish seemingly difficult task finding couple examples establishing negative recusal motion recusal occur circumstances similar justice white robert kennedy first example pertains justice sat retired years ago byron white justice white close friends attorney general robert kennedy days white served kennedy deputy attorney general january justice went skiing vacation colorado robert kennedy family secretary defense robert mcnamara family members kennedy family skiing best mcnamara leaves colorado terms vacation marvelous denver post hutchinson man whizzer white skiing colorado like hunting louisiana particularly successful time skiing vacation pending least two cases robert kennedy official capacity attorney general party see kennedy kennedy first moreover press might said plausibly said reputation integrity attorney general issue department justice decreed deportation resident alien grounds member communist party found evidence adduced department inadequate besides cases naming kennedy another case pending time skiing vacation argued kennedy two weeks later see gray sanders case important kennedy administration time argument everybody knew apportionment cases far behind gray significant step march toward reynolds sims decision announced news see high voids county unit vote times mar georgia unit voting voided washington post mar attorney general kennedy argued affirmance district ruling georgia democratic party voting system violated principle kennedy argument certainly put line reputation lawyer well important policy brother administration justice jackson franklin roosevelt second example pertains justice one distinguished occupants seat appointed robert jackson justice jackson took recusal obligation particularly seriously see jewell ridge coal mine workers jackson concurring denial rehearing oblique criticism justice black decision recuse case argued former law partner nonetheless saw nothing wrong maintaining close personal relationship engaging quite frequen socializing president whose administration acts came regularly jackson man insider portrait franklin roosevelt barrett ed april two spent weekend delightful house party general watson charlottesville virginia invited ride president ride back omitted pending time argued next month one important cases concerning scope permissible federal action commerce clause wickard filburn justice jackson wrote opinion roosevelt secretary agriculture rather roosevelt named federal officer case doubt important president see nothing wrong justice white justice jackson socializing including vacationing accepting rides friends seemingly anyone else time denver post critical reported skiing vacation nothing enthusiasm friendship basis recusal assuredly friends sued personally activity suggests close friendship must avoided friendship basis recusal suits social contacts evidence friendship suggest impropriety whatever course claimed editorials claimed times changed considered proper even recently byron white day longer may true regard earlier rare phenomenon justice serving advisor confidant president though activity incompatible separation powers widely known occurring hardly said generally approved properly abandoned constant practice justices enjoying friendship social intercourse members congress officers executive branch abandoned since believe impartiality reasonably questioned think proper recuse see microsoft alone conclusive another consideration moves direction recusal judgment harm withdraw case press argued vice president suffer political damage lose appeal remand discovery establish energy industry representatives de facto members nepdg press elevated possible political damage status impending stain reputation integrity vice president since political damage often comes government losing suits since political damage readily characterized stain reputation integrity recusing face charges give elements press veto participation justices social contacts even known friends named official intolerable recusal also encourage investigative journalists suggest improprieties demand recusals inappropriate increasingly silly reasons los angeles times already suggested improper sit case argued law school dean whose school visited several weeks visited invitation predecessor see new trip trouble scalia paper asserted improper speak dinner honoring cardinal bevilaqua given urban family council philadelphia according times false report organization engaged litigation seeking prevent civil unions case presenting question whether civil unions lawful whether homosexual sodomy constitutionally criminalized see lawrence texas political branches perhaps survive constant baseless allegations impropriety become staple washington reportage people must confidence integrity justices exist system assumes corruptible slightest friendship favor atmosphere press eager find noted outset one private respondents case called recusal expressed confidence rule impartially indeed counsel private respondent seek impose seems standard regarding friendship appearance friendship acceptance social favors stringent observe two days brief opposition petition case filed lead counsel sierra club friend wrote warm note inviting come stanford law school speak one classes available clerk case file judges teaching classes law schools normally transportation expenses paid saw nothing amiss friendly letter invitation surely thought otherwise applied standards urged present motion sure believe friendship persons current administration might cause favor government cases brought issue issue whether personal friendship vice president might cause favor government cases named none suspicions regarding impartiality erroneous suspicions hasten protest bears upon recusal question simply put whether someone thought decide case impartially despite friendship vice president reasonably believe decide impartially went hunting friend accepted invitation fly government plane reasonable think justice bought cheap nation deeper trouble imagined newspaper editorials appended motion make clear received good deal embarrassing criticism adverse publicity connection matters issue even point becoming motion cruelly accurately fodder comedians motion recuse done good conscience pleased demonstrate integrity immediately silence criticism getting case since believe basis recusal motion denied richard cheney vice president et petitioners district district columbia et al writ certiorari appeals district columbia circuit june justice thomas justice scalia joins concurring part dissenting part agree remedy mandamus drastic one invoked extraordinary situations kerr dist northern dist framing review appeals judgment recognizes hurdle observing petitioner must satisfy burden showing right issuance writ clear indisputable ante quoting kerr supra internal quotation marks omitted reaching disposition barely mentions fact respondents judicial watch sierra club face precisely burden obtain relief district proper question presented appeals whether clear indisputable petitioners right order ing discovery orders issued district direct ing decide case basis administrative record supplemental affidavits may require direct ing vice president dismissed defendant cadc quoting emergency pet writ mandamus cheney cadc question appeals faced also necessarily account fact respondents sought mandamus relief district proceeded mandamus respondents demonstrate district clear indisputable right federal advisory committee act faca materials respondents right materials clear indisputable petitioners right relief appeals clear one need look district opinion conclude respondents right relief district unclear hence mandamus unavailable indeed district acknowledged recognition applying faca meetings among presidential advisors formidable constitutional difficulties judicial watch national energy policy dev group supp dc quoting public citizen department justice putting aside serious constitutional questions raised respondents challenge district even determine whether faca applies national energy policy development group nepdg statutory matter supp noting possibility discovery petitioners might prevail summary judgment statutory grounds acknowledge appeals de facto member doctrine see association american physicians surgeons clinton cadc district authorized undertake broad discovery determine whether faca government employees exception app applies application de facto member doctrine authorize broad discovery nepdg potential offend constitution separation powers actual application faca nepdg randolph dissenting thus existence doctrine support district actions respondents must conduct discovery order prove right relief much less clear indisputable right relief mandamus unwarranted writ issue although district might later conclude faca applies nepdg statutory matter application constitutional mere fact district might rule respondents favor establish clear right relief necessary mandamus otherwise writ mandamus turn freestanding cause action plaintiffs seeking enforce virtually statute even provide private remedy district clearly exceeded authority case reverse judgment appeals remand case instruction issue writ footnotes interrogatories depositions might determined example whether employees voted nepdg recommendations drafted portions committee report view substantive participation nature even arguably sufficient warrant classifying employee de facto committee member footnotes appeals also concluded altogether correctly view lacked ordinary appellate jurisdiction vice president appeal see cf ante leaving question undecided order addressing petitioners motions dismiss district stated premature inappropriate determine whether relief obtained vice president judicial watch national energy policy dev group supp dc immediate review interlocutory ruling allowed rare cases doctrine inappropriate order case inherently tentative final word subject gulfstream aerospace mayacamas internal quotation marks omitted government agencies produced relevant documents related freedom information act litigation see supp section title allows appeals discretion entertain appeal interlocutory order hen district judge shall opinion order involves controlling question law substantial ground difference opinion immediate appeal order may materially advance ultimate termination litigation limiting discovery issue membership appeals indicated agreement see respondents need names persons participated nepdg activities description person role activities nepdg must discover whether officials participated extent internal quotation marks ellipsis brackets omitted according government boxes documents potentially responsive respondents discovery requests documents identified likely responsive boxes contained approximately twelve boxes app box requires one two attorney days review prepare rough privilege log following review privilege logs must finalized responsive emails identified printed numbered petitioners expect privilege review logging process equally due expected quantity individual emails agency petitioners responses interrogatories gave rote hardly illuminating responses refusing basis executive deliberative process privileges forthcoming see defendant department energy response plaintiff first set interrogatories nos egs egs defendant office management budget response plaintiff first set interrogatories nos egs egs suggests appeals labored mistaken assumption assertion executive privilege necessary precondition government objections ante appeals however described constitutional concern hypothetical merely executive privilege asserted also light measures district take narrow carefully focu discovery see also questions district invocation federal mandamus statute provides district courts shall original jurisdiction action nature mandamus compel officer employee agency thereof perform duty owed plaintiff see ante supp see also chandler judicial council tenth circuit holding mandamus writs act improper expressing opinion relief federal mandamus statute question whether allows enforcement faca vice president district concluded premature inappropriate determine whether relief mandamus issue supp government moreover contested propriety relief passing petition appeals mandamus relief see app government asserted mandamus petition general writ mandamus used circumvent limits provision directly providing review administrative question decided district barely raised petition mandamus hardly qualifies grounds drastic extraordinary mandamus relief ex parte fahey justice thomas urges respondents obtain relief discovery needed prove right relief ante opinion concurring part dissenting part emphasis original first appeals recognized see supra infra government move district contain discovery second agree applicant seeking mandamus writ must show federal defendant owes clear nondiscretionary duty heckler ringer emphasis added writ may issue words federal law grants discretion federal officer rather imposing duty federal law imposes obligation however suit precluded simply facts must developed ascertain whether federal command dishonored congress enacted mak convenient aggrieved persons file actions nature mandamus stafford briggs address rare instance federal defendant upon law unequivocally places obligation concedes failure measure obligation agree interlocutory appeal may become appropriate later juncture litigation see ante note decision whether allow appeal lies first instance district sound discretion see supra footnotes questions presented petition accepted review follows whether federal advisory committee act faca app et construed authorize broad discovery process vice president senior advisors gathered information advise president important national policy matters based solely unsupported allegation complaint advisory group constituted president expressly directed advisory group reported whether appeals mandamus appellate jurisdiction review district unprecedented discovery orders litigation pet cert statement facts indicated way daughter accompany married son given ride relatives favor hunters leaving washington favor go new orleans meet unrelated invitees hunt undoubtedly occurred financially flight worth little motion cites third case public citizen department justice case involving faca recused speculates reason recusal assistant attorney general office legal counsel provided opinion concluded applying faca presidential advisory committees unconstitutional asserts also grounds recusal opinion assistant attorney general addressed precise question presented public citizen whether american bar association standing committee federal judiciary provided advice president concerning judicial nominees regulated advisory committee faca concluded withdrawal case required mandates recusal judge served governmental employment capacity expressed opinion concerning merits particular case controversy never expressed opinion concerning merits present case murphy least involved judge going vacation named defendant suit judge departed vacation prosecutor murphy case immediately sentencing murphy obviously prosecutor personally involved outcome case way nominal defendant suit times reporter interviewed former president urban family council told categorically council neither party provided financial support litigation filed papers case publicly available showed council party los angeles times nonetheless devoted lengthy article point words lead sentence justice antonin scalia gave keynote dinner speech philadelphia advocacy group waging legal battle gay rights serrano savage scalia addressed advocacy group key decision mar five days later weekend edition paper printed insistence council retraction acknowledging asserted fact wrong though merely one incidental fact long piece rather central fact upon long piece based without story see record mar inaccurate facts insinuations article brought paper attention council corrected see betty jean wolfe president urban family council richard serrano los angeles times mar available clerk case file