SCOTUS rebuffs Cheney. Sends case back to lower court. A victory?

[Generic Other]

If they are sending the case back to the lower courts, that means he must hand over the documents, right? Isn't that why he appealed to the Supremes? To prevent that?

http://www.msnbc.msn.com/id/5284032

[Howardx]

1. cnn is calling it a victory

for the vice president

[jbfam4]

2. Interesting part of article

Case was potential election-year problem
The case had become a potentially embarrassing election-year problem for the administration.

Thursday's decision buys the administration more time. If it loses in the appeals court, the administration can return to the Supreme Court in another extended appeal before having to release information as to whether Cheney's task force was cozy with energy executives, including those with his former company, Halliburton.

[fdr_hst_fan]

4. We'll never see those papers

with Scalia and his kind on the SCOTUS, I guarante it!

[Ten Bears]

3. Sadly no

They simply sent the case back to a lower court to determine if the open records law applies. In effect it just puts off the final ruling until after the election. This supreme court needs to re-read the constitution. Their rulings dating back before bush v gore just doesn't coincide with what the constitution says.

[kaitykaity]

5. Welcome to DU, Ten Bears!!

Happy Posting!! :toast:

[fdr_hst_fan]

7. Those clowns aren't Justices-

they're political hacks with law degrees; the REAL Justices died MANY years ago-the ones that REALLY knew Constitutional law. If Hugo Black and William Douglas were still on the bench, the SCOTUS could NEVER get sway with this crap, because they would be afraid of the BLISTERING DISSENTS those two would have written!

[GreenPartyVoter]

10. Welcome to DU :^)

[Beaverhausen]

6. Read this one

http://story.news.yahoo.com/news?tmpl=story&cid=558&ncid=703&e=3&u=/ap/20040624/ap_on_go_su_co/scotus_cheney

Court Won't Order Cheney Papers Released

By GINA HOLLAND, Associated Press Writer

WASHINGTON - The Bush administration won't have to reveal secret details of Vice President Dick Cheney (news - web sites)'s energy task force before the election, after the Supreme Court ruled Thursday that a lower court should spend more time sorting out the White House's privacy claim.


In a 7-2 decision, justices said the lower court should consider whether a federal open government law could be used to get task force documents. Even if that court rules against the administration, appeals would tie up the case well past November.

Justice Anthony M. Kennedy, writing for the majority, said the federal district court judge who ordered records opened to the public had issued too broad a release of documents, without giving appropriate deference to the White House.


The president is not above the law, Kennedy wrote, but there is a "paramount necessity of protecting the executive branch from vexatious litigation that might distract it from the energetic performance of its constitutional duties."

More at the link.

[fdr_hst_fan]

8. Read the last line of Kennedy's opinion: interfere with

Shrub's re-election (or coronation, if you like).

[Bandit]

14. Just how does this square with the Clinton being sued issue

I seem to remember them saying a lawsuit would not in any way interfere with the President in his day to day business.

The president is not above the law, Kennedy wrote, but there is a "paramount necessity of protecting the executive branch from vexatious litigation that might distract it from the energetic performance of its constitutional duties."

[merh]

9. I am going to take it as a victory. They didn't end

the litigation and they didn't say no to the release of the documents. These papers will be seen. Maybe not before the election, but the truth will come out. If indictments are returned too soon, then pardons can be issued. Better that all this comes out when Kerry is in office so his DOJ can properly pursue the evil, lying, thieving demons. (IMHO)

[Az]

11. This court is beginning to resemble Neo more and more

They dodged another one here. Made no real descision. Tossed it to a future court to decide.

[wiggs]

12. Issue not dead

This issue of secrecy and corporate giveaways doesn't need to die with this ruling. It will die only if we let it. The administration is trying hard not to reveal the players in this meeting and how they may have affected policy. So let's assume the worst (a good starting point given the past performance of the BA) and TALK IT UP. I mean Du'ers, talk show participants, Kerry, etc.. Let's talk about what could have happened. Let's discuss in public forums what we think happened in this meeting and let them prove otherwise.

The ruling is in the news today. Kerry should be on it, talking about secrecy, administration failings we don't know about, Enron, Enron, Enron. Play the Enron tapes and note that these guys could have been in the Cheney meetings affecting national policy.

COME ON! Give this thing some wings! We don't need SCOTUS....We know we aren't going to get their help anyway, so let's figure something else out! This should make a lot of people angry....let's tap into that. Now is the time. We need James Carville, Bill Mahr, Pelosi, Jay Stewart, Cuomo, Josh Marshall, Gore to be out there showing some outrage, expressing our suspicions that Cheney and Enron developed secret energy policy raping our country for their benefit.

Who in this country, freepers included, would think "Good for SCOTUS. I'm glad we don't know who is shaping our energy policy and why. I'm not concerned in the least that Enron might be involved and that my tax dollars might be spent on them. Whatever is good for large corporations and the executive brach is good for America."

This could be a great opportunity in the campaign for energizing the public and making them aware of what is going on. Or it could be one of the worst, depending on us. We need a few Bluto Blutarski's to step up.

CHENEY, KEN LAY, AND OTHER CORPORATE BUDDIES SAT IN A ROOM TOGETHER AND FIGURED OUT HOW TO MAKE BOATLOADS OF MONEY AT THE EXPENSE OF TAXPAYERS, DECADES OF ENVIRONMENTAL POLICY, AND EVERYONE ELSE WHO WASN'T IN THAT ROOM. Spread the word.

[KoKo]

15. Exactly, Spread the Word. There's enough known about who he met

with from those of us who pieced it together on the Internet. Ken Lay set the energy policy. Maybe, it will be forced out by his indictment (if he's ever indicted) but the issue shouldn't die.

[kaitykaity]

13. Wonder what Kennedy would have said about "vexation" if

this case were about Clinton, not Cheney?

Gawd I hate these people.

[bluedog]

16. Lets get Anonymous or another insider to

leak those papers...............some people have access.....

[Redleg]

17. They handed Cheney and Bush more time to stall until after the election.

By the timet he appeals court hears the case it will be well after November.

[wiggs]

18. More outrage

I've emailed three blog/column websites to ask that they devote some time to this secrecy / energy task force issue. I really think the time is ripe to generate a lot of interest about this, with other secrecy/gag order issues out there, with Enron tapes still fresh, with other corporate giants involved in scandals, and with gas prices so high.

The fact that only 7% of the public thinks that we should be reducing environmental protections makes this a hot button as well.

Please mail your contacts online, other journalists, and Kerry connections as well...more discussion the better. Don't let the issue go away, regardless of SCOTUS rulings.