A federal appeals court said on May 10 that Vice President Dick Cheney did not have to divulge details about how the White House's secret energy policies were shaped, ruling in a case that touched on the constitutional separation of powers. New York Times' David Stout reports:

The 8-to-0 decision, handed down months after the lawsuit became an issue in the 2004 election, was a victory for the executive branch in general and the Bush administration in particular.

The ruling, by the United States Court of Appeals for the District of Columbia Circuit, upheld the administration argument that it was not obligated to disclose whom it consulted on energy matters early in President Bush's first term and what was said.

The decision could be the last word in a case that reached the Supreme Court last spring, only to be sent back to the lower courts. And it comes as Congress is weighing energy legislation that Mr. Bush says will combine efficiency with environmental protection, and that his critics say is a gift to the energy industry.

Freedom of Information Act (FOIA) requests, and the ability of people to access the machinery of democracy are what make America great. That the people we elect to serve us are not accountable to us is a depressing, huge and ugly blow to America's democracy.