So, are you tired of the winning yet?
Appeals court says Don McGahn doesn't have to testify in major win for White Househttps://t.co/5GgdbImc05
— Ram Ramgopal (@RamCNN) February 28, 2020
Katie Pavlich suggested someone check on Reps. Adam Schiff and Jerry Nadler, which is probably a really good idea:
Has anybody checked to see if @RepAdamSchiff and @RepJerryNadler are okay https://t.co/jkvdWVQBAm
— Katie Pavlich (@KatiePavlich) February 28, 2020
More on this major win for the White House:
RULING: "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss this case."
— Lawrence Hurley (@lawrencehurley) February 28, 2020
Court is spit 2-1, with GOP appointees in majority and Democratic appointee dissenting
— Lawrence Hurley (@lawrencehurley) February 28, 2020
DISSENT: "The court removes any incentive for the Executive Branch to
engage in the negotiation process seeking accommodation, all
but assures future Presidential stonewalling of Congress, and
further impairs the House’s ability to perform its constitutional
duties"— Lawrence Hurley (@lawrencehurley) February 28, 2020
Even the majority is aware that the ruling doesn't leave Congress with too much ammo: "Congress will obtain
only the concessions it can wrest from the Executive Branch with the ample but imperfect tools at its disposal."— Lawrence Hurley (@lawrencehurley) February 28, 2020
The court did not embrace the absolute immunity argument made by the Justice Department
— Lawrence Hurley (@lawrencehurley) February 28, 2020
From concurring opinion: "McGahn urges us to foreclose Article III standing when the Congress, or a House thereof, asserts any institutional injury in any interbranch dispute; I do not believe, however, Supreme Court precedent supports a holding of that scope"
— Lawrence Hurley (@lawrencehurley) February 28, 2020
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