Heidi Stirrup, Individually and in Her Official Capacity as a Member of the Board of Visitors for the Air Force Academy, et al. v. Department of Defense, et al.

Petitioners were appointed to the Boards of Visitors of the three United States military academies. These Boards are advisory groups subject to the Federal Advisory Committees Act, and are not Executive Branch agencies. To ensure that the Boards exercise their “independent judgment,” are not “inappropriately inf luenced by the appointing authority,” the terms of presidentially appointed Board members are statutorily set at three years. The statutes do not authorize the President to remove Board members. 'HVSLWHWKHVHWHUPRIRIÀFHSURWHFWLRQV5HVSRQGHQWV suspended the operations of the Boards for seven months, then removed Petitioners from their respective Boards, and authorized the creation of “subcommittees” of the Boards—“subcommittees” staffed by persons who are not members of the Boards. Petitioners sued, but the Court of Appeals, held that because the three-year terms had expired by the time it ruled, the case was moot. The questions presented are:

1. Whether Petitioners may seek injunctive and declaratory relief given that the issues raised here are “capable of repetition, yet evading review.”

2. Whether the President may remove at will any presidentially appointed members of these independent advisory Boards, whose three-year WHUPVDUHVSHFLÀHGE\VWDWXWHDQGZKRH[HUFLVH no executive authority; suspend the operation of the Boards; and establish alternative entities staffed by people who are not Board members.