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For years, the President of the United States provided the American Bar Association’s (ABA) Standing Committee on the Federal Judiciary with the names of potential nominees for appointment as federal judges. Upon reviewing a nominee’s record, the ABA issued a recommendation regarding the nominee’s qualifications. Such recommendations were perceived as highly influential in the judicial appointment process. The committee did not consider itself subject to the Federal Advisory Committee Act (FACA), which imposes limitations on the executive branch’s use of advice of committees that include private persons. When the committee refused to allow Public Citizen (plaintiff), a public interest lobbying group, to attend its meetings, Public Citizen sued the United States Department of Justice, among others (defendants). The case came before the United States Supreme Court.
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