|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-760||2nd Cir.||May 12, 2020||Jul 9, 2020||7-2||Roberts||OT 2019|
Holding: Although congressional subpoenas for the president’s information may be enforceable, the court below in this case did not take adequate account of the significant separation of powers concerns implicated by subpoenas from the House of Representatives seeking President Donald Trump's financial records.
Judgment: Vacated and remanded, 7-2, in an opinion by Chief Justice Roberts on July 9, 2020. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 06 2019||Application (19A640) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Ginsburg.|
|Dec 06 2019||UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Second Circuit, case No. 19-1540, issued December 3, 2019, is hereby recalled and stayed until 5 p.m. on December 13, 2019. It is further ordered that a response be filed on or before December 11, 2019, by 11 a.m.|
|Dec 11 2019||Response to application from respondents Committee on Financial Services of the U.S. House of Representatives, et al. filed.|
|Dec 12 2019||Reply of applicants Trump, Donald J., et al. filed.|
|Dec 13 2019||Application (19A640) referred to the Court.|
|Dec 13 2019||Application (19A640) granted by the Court.|
|Dec 13 2019||The application (19A640) for stay presented to Justice Ginsburg and by her referred to the Court is granted, and it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case No. 19-1540, is hereby stayed pending further order of the Court. In addition, the application is treated as a petition for a writ of certiorari, and the petition is granted. The petition for a writ of certiorari in No. 19-715 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. The cases will be set for argument in the March 2020 argument session.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."