Other Cases of Interest
- House v. Mnuchin (D.D.C. 2019). D.C. District Court ruled that the House has no standing to obtain a court order to stop the President from diverting appropriated funds to unauthorized spending on a border wall. The opinion distinguished lawsuits filed by the House to enforce a subpoena, suggesting the House would have standing in those cases. This ruling will make it more difficult for Congress to control the power of the purse. The D.C. Circuit Court of Appeals has ordered an en banc review of the district court decision and combined it with another case, Committee on the Judiciary v. McGahn, with oral argument on both cases set for April 28, 2020. Read District Court Opinion
- CREW v. Trump (D.D.C. 2020). D.C. District Court opinion finding that, due to the wording of the relevant statute and D.C. Circuit precedent, courts are without authority to compel presidential compliance with the Presidential Records Act. This ruling will make it more difficult for Congress to oversee presidential actions.
Cause of Action Institute v. Commerce Dept. (D.D.C. 2020). Amicus brief filed by eight bipartisan members of Congress in a FOIA lawsuit by a public interest organization to obtain a Commerce Department report on automobile tariffs, noting that the report was required by law to be printed in the Federal Register and disputing the agency’s authority to defy the law based upon an opinion issued by the Department of Justice Office of Legal Counsel. Read Amicus Brief
Wittes v. Trump (D.D.C. 2020). Lawsuit filed by two researchers and a public interest organization to compel the Trump Administration to send to Congress and release to the public a report required by law to disclose its legal and policy frameworks for exercising military force. No report was filed by the March 1, 2020 statutory deadline. This suit could help clarify Congress’ right to compel executive branch reports and make them public. Read the Complaint.