Posted: February 3rd, 2017 | By: Josh Gerstein
Professor Sidney Shapiro is quoted in the following article, “Trump may be skirting transparency law on advisory boards,” written by Josh Gerstein and published on POLITICO on Feb. 2, 2017.
Following is a brief excerpt:
While the FACA law explicitly includes presidential advisory committees, there have long been separation-of-powers questions about the constitutionality of its application to groups closely advising the president.
“Courts have never really said one way or another because they’ve managed to avoid the constitutional question by sort of torturing the criteria for FACA that allows them to avoid the ultimate question,” Wake Forest University law professor Sidney Shapiro said. In 1989, for instance, the Supreme Court ruled that American Bar Association panels reviewing potential judicial nominees are beyond the reach of FACA.