Fixing FACA: The Case for Exempting Presidential Advisory Committees from Judicial Review under the Federal Advisory Committee Act

Congress passed the Federal Advisory Committee Act (FACA) in 1972 to regulate the ad hoc commission and panels that periodically issue advice and recommendations to the federal government. The Act included a handful of commonsense regulations, intended to instill a modicum of economy, ideological balance, and openness into the advisory committee process. Here, Mongan surveys the history of FACA and the constitutional conflicts it provokes and recommends that Congress fix the Act by exempting presidential advisory committees from judicial reviews.