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Showing posts from July, 2020

The Supreme Court's End-of-Term Decisions and the Rule of Law

Yesterday the Supreme Court issued two decisions of great immediate and historic importance. In Trump v. Vance , the Court ruled that a sitting President is not immune from state criminal investigation. In Trump v. Mazars USA, LLP , the Court ruled that a sitting President is not immune from Congressional investigation into the President's non-privileged, private information. In each case, the Court identified limits to the investigative power. In the Vance , case, the limits are no different from those that apply to investigations of any citizen. In the Mazars case, the limits are special limits derived from the Constitutional principle of separation of powers. Both cases were informed by precedent, but extended precedent to the new circumstances the cases presented. And each case resulted in an Opinion of the Court authored by the Chief Justice and supported by a seven-Justice majority. The commentary following the opinions has focused on their political implications for the c