NBC News is reporting that the D.C. Circuit Court is taking up the McGahn subpoena case en banc. From a legal perspective, that means the two-week old decision finding that courts have no role in a subpoena fight between Congress and the President is gone, as if it never existed.
The full Court will hear arguments on April 28th.
It’s not even up on the Court’s electronic filing system yet, so this is brand new.
As the next President of the United States might say, this is a big fucking deal.
I’ll try to update as info comes in.
BAM!
It just hit Pacer:
PER CURIAM ORDER, En Banc, [1833513] filed, that the petition for rehearing en banc [1832192-2] filed in McGahn, No. 19-5331, be granted and the judgment in that case filed February 28, 2020, be vacated. It is FURTHER ORDERED that these cases be scheduled for oral argument before the en banc court on Tuesday, April 28, 2020. Senior Circuit Judge Sentelle, a member of the merits panel in Mnuchin, will sit on the en banc panel for that case only. It is FURTHER ORDERED that the parties and amici curiae in Mnuchin provide 30 additional paper copies of their previously filed briefs and joint appendix to the court by 4:00 p.m. on March 26, 2020. It is FURTHER ORDERED that the parties and amici curiae in McGahn provide 30 additional paper copies of their previously filed briefs, supplemental briefs, and joint appendix to the court by 4:00 p.m. on March 26, 2020. It is FURTHER ORDERED that the parties file supplemental briefs in each case, not to exceed 6,500 words, addressing only Article III standing. The following supplemental briefing schedule will apply in these cases: Appellant’s Brief in McGahn, No. 19-5331 & Appellant’s Brief in Mnuchin, No. 19-5176, due March 30, 2020, by 4:00 p.m.; Appellee’s Brief in McGahn, No. 19-5331 & Appellee’s Brief in Mnuchin, No. 19-5176, due April 16, 2020, by 4:00 p.m.; In addition to electronic filing, the parties are to submit 30 paper copies of their supplemental briefs to the court by the time and date due. Before Judges: Srinivasan, Henderson, Rogers, Tatel, Garland, Griffith, Millett, Pillard, Wilkins, Katsas* and Rao*. (Circuit Judge Katsas and Rao did not participate in these matters) [19-5176, 19-5331] [Entered: 03/13/2020 04:20 PM]