The Cheney Ruling

So it seems, much like the "under god" ruling, that the Supreme Court is afraid to rule one way or another on an important political issue. Rather than decide on the release of documents during Cheney's meeting with energy executives, they sent it back to a lower court with strict instructions.

The seven-justice majority, in an opinion written by Justice Anthony Kennedy, emphasized that it was directing the appeals court to set a very high threshold for disclosure of documents from the task force.

The justices assailed the sweeping request for documents by the Sierra Club and Judicial Watch, calling it “unbounded in scope” and “anything but appropriate.”

Cheney’s adversaries, the court said, had asked for “everything under the sky.”

(snip)

Why do the president and his advisers need to be shielded from document searches by groups such as the Sierra Club? The justices answered that question by stressing “the paramount necessity of protecting the Executive Branch from vexatious litigation that might distract it from the energetic performance of its constitutional duties.”

It added that “all courts should be mindful of the burdens imposed on the Executive Branch in any future proceedings.”

Of course, this is a victory for Cheney and the Bushies becuase it prevents the release of any documents before the election, when they could do the most damage. For more, of course, Discourse.net.