It appears to be over. The deacon of darkness has prevailed. A federal appeals court has unanimously dismissed the lawsuit that tried to expose the blatant corruption involved in crafting Cheney’s energy plan.

The unanimous ruling accedes to the Bush administration’s argument that forcing the executive office to produce details of internal discussions about how it shapes policy is unnecessarily intrusive and violates the president’s constitutional powers.

The decision today by the full court for the District of Columbia Circuit is unusual for two reasons, according to law professors and attorneys involved in the case.

First, it’s unanimous, an atypical result for a court whose members hold a wide spectrum of views on government regulation and the breadth of executive powers. Second it accepts largely as fact the assertions of two senior administration officials, without allowing the opposing side to challenge or question them.

Wash Post: Free Reg

The decision can still be appealed, but I doubt they will win on appeal. This is another blow for open government. What’s more, they still are trying to push this energy plan, even though we all know it is a corporate giveaway, is four years old, and still doesn’t have the support to get passed.