Public Citizen v. U.S. Department of Justice

Citation

491 U.S. 440 (1989)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

Courts should construe statutes to avoid serious constitutional questions when the text fairly permits such a reading; the Federal Advisory Committee Act (FACA) does not apply to ABA committee advising DOJ on judicial nominations.

Significance

Applied the constitutional avoidance canon to narrow FACA’s scope; important for separation of powers limits on congressional regulation of executive advisory processes.

Courses