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Megathread: Supreme Court Rules on Subpoenas for President Donald Trump’s Financial Records

Today, the Supreme Court issued decisions for two highly anticipated cases involving subpoenas seeking President Trump's tax returns.

The Chief Justice wrote for the Court in Trump v Vance, affirming the Second Circuit and rejecting the Government's position that, under Article II and the Supremacy Clause, the President was entitled to absolute immunity and a heightened standard for the issuance of a state criminal subpoenas. The case now goes back to the district court, where the Second Circuit permitted the Government to make alternative arguments. The vote was 5 in the majority (Roberts, Ginsburg, Breyer, Sotomayor, Kagan), 2 in concurrence with the decision (Gorsuch, Kavanaugh) and 2 in dissent (Thomas, Alito).

The Chief Justice also wrote for the Court in Trump vs Mazars, vacating the lower court ruling affirming the Congressional subpoena and implementing a balancing test for the district court to consider in deciding whether to grant a Congressional subpoena, including:

(1) whether the asserted legislative purpose warrants subpoenaing the President and his papers (ie. whether there are other sources that Congress could obtain this information from);

(2) whether the scope of the subpoena is sufficiently narrow so that it is no broader than necessary to support Congress' legislative objective;

(3) what the nature is of evidence Congress is offered to establish that a subpoena is necessary to advance a valid legislative agenda; and

(4) what burden is imposed on the President, particularly since the subpoena originates from a rival branch of government that could use such subpoenas for institutional advantage.

The vote was 7 in the majority (Roberts, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh) and 2 in dissent (Thomas, Alito).


Submissions that may interest you

SUBMISSIONDOMAIN
Supreme Court rules President Trump must turn over tax returns to New York prosecutorsnbc-2.com
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Supreme Court Says N.Y. Grand Jury Can Get Trump’s Tax Returnsbloomberg.com
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Trump loses SCOTUS battle with New York prosecutor over his taxes and financial records.scotusblog.com
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U.S. Supreme Court rules Donald Trump can’t keep tax returns privateglobalnews.ca
Read: Trump v. Mazars Supreme Court rulingthehill.com
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Supreme Court says Congress can't get Trump records, for nowpost-gazette.com
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Trump 'must hand over records to NY prosecutors'bbc.com
Trump v. Mazars USA, LLPsupremecourt.gov
Supreme Court allows NY prosecutors to see Trump financial records, but not Congresskztv10.com
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Trump rages at Supreme Court over tax records case, claims 'political prosecution'cnbc.com
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Trump complains of 'political prosecution' after SCOTUS rulings on financial recordsthehill.com
Supreme Court Justices Kavanaugh and Gorsuch ruled against Trump in landmark cases about the president's taxes and financial recordsbusinessinsider.com
Supreme Court rules Trump does not have "absolute immunity" in tax case: "No one is above the law"salon.com
Trump rips Supreme Court, claims ‘political prosecution’ after rulings on financial recordsfoxnews.com
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Trump blasts Supreme Court decision on financial records, saying it showed a lack of ‘deference’usatoday.com
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Supreme Court Rules Prosecutor May See Trump's Financial Recordskqed.org
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Opinion - The Supreme Court deals a blow to Trump’s delusions of untrammeled powerwashingtonpost.com
Trump ally Roger Stone should go to prison next week, prosecutors tell courtcnbc.com
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Historian on Supreme Court ruling: This is a very dark day for Donald Trump - CNN Videoamp.cnn.com

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