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Other Cases of Interest

  • House v. Mnuchin (D.D.C. 2020). D.C. District Court opinion finding 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. It distinguishes 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.   Read 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.

    Read Opinion

  • 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

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