IANAL.
I don’t even play one on TV.
But this seems distressing vis-a-vis future rulings from this court.
Perhaps one of you lawyers can talk me off the ledge?
In a sign that could spell more trouble for presidential oversight efforts,
the Supreme Court on Monday signaled that it was not even sure whether the judicial branch had the authority to settle disputes over congressional subpoenas issued for President Trump’s financial documents.
The court issued an order that the parties in pending blockbuster Trump subpoena cases submit additional briefing papers addressing the question.
The Supreme Court’s Monday request echoed the logic that a three-judge appellate panel employed earlier this year while refusing to enforce Congress’ subpoena of former White House Counsel Don McGahn.
In that case, the appeals court panel said that the Constitution forbids the judiciary from resolving informational disputes between two branches of government.
That decision — which was panned by a bipartisan group of lawmakers and veterans of previous administrations — is being reviewed by the full U.S. Court of Appeals for the D.C. Circuit, which is holding oral arguments in the case on Tuesday.