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702 bytes added ,  04:38, May 21, 2022
However, FACA does not establish a private cause of action
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A total of 308 reported decisions -- 300 of which are in federal rather than state court -- discussed FACA as of May 20, 2022.  Only two [[U.S. Supreme Court]] decisions have addressed FACA:  ''Public Citizen v. United States Dep't of Justice'', 491 U.S. 440 (1989) (FACA not apply to ABA committee advising on nominations by the president to the federal judiciary) and ''Cheney v. United States Dist. Court'', 542 U.S. 367, 385 (2004) (even if "FACA's statutory objectives would be to some extent frustrated, it does not follow that a court's Article III authority or Congress' central Article I powers would be impaired").  A total of 73 of the FACA decisions have been by a federal court of appeals, 46 of which have been by the [[D.C. Circuit]].
 
A total of 308 reported decisions -- 300 of which are in federal rather than state court -- discussed FACA as of May 20, 2022.  Only two [[U.S. Supreme Court]] decisions have addressed FACA:  ''Public Citizen v. United States Dep't of Justice'', 491 U.S. 440 (1989) (FACA not apply to ABA committee advising on nominations by the president to the federal judiciary) and ''Cheney v. United States Dist. Court'', 542 U.S. 367, 385 (2004) (even if "FACA's statutory objectives would be to some extent frustrated, it does not follow that a court's Article III authority or Congress' central Article I powers would be impaired").  A total of 73 of the FACA decisions have been by a federal court of appeals, 46 of which have been by the [[D.C. Circuit]].
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== Fair balance and no inappropriate influence ==
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"FACA clearly requires agency heads at least to consider whether new restraints on committee membership might inappropriately enhance special interest influence and to eschew such restraints when they do so."  ''Union of Concerned Scientists v. Wheeler'', 954 F.3d 11, 19 (1st Cir. 2020).  However, FACA does not establish a private cause of action:
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{{cquote|FACA clearly requires agency heads at least to consider whether new restraints on committee membership might inappropriately enhance special interest influence and to eschew such restraints when they do so.}}
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<br>''Union of Concerned Scientists v. Wheeler'', 954 F.3d 11, 19 (1st Cir. 2020).
    
== References ==
 
== References ==
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