President Trump’s tax returns? Check. “Faithless” members of the Electoral College? Yep. Whether half of Oklahoma is actually Native American land? Check that one too. And the Establishment Clause’s “ministerial” exception? You got it. The Supreme Court heard oral arguments this week on all of these issues, rounding out what was perhaps the biggest argument week of the term (and also the Court’s last). Given the stature of these cases, you’d be forgiven if you didn’t notice the Court also released one decision this week (it was pretty innocuous). Here’s a recap of the action at our nation’s highest court this past week.
The Supreme Court generated a bevy of headlines this week, all for very different reasons. The Court issued two unanimous decisions: In Kelly v. United States, it vacated the fraud convictions of two state officials in the 2013 Bridgegate scandal who caused a traffic fubar by shutting down two lanes of the George Washington Bridge for a few days. And in United States v. Sineneng-Smith, the Court rebuked the Ninth Circuit for abusing its judicial discretion after it wrested control of a criminal case from the parties involved. Meanwhile, the Court heard its first-ever telephonic oral arguments this week. Surprisingly, the project went down quite swimmingly—save for a few mic snafus and the distinctive sound of a toilet flush. Here’s your brief for the week of May 4.
Over the past few months, the U.S. House of Representatives and the Manhattan District Attorney have issued subpoenas for President Trump’s personal and corporate tax returns. Trump has fought the subpoenas vigourously, filing lawsuits to block the release of his tax returns and arguing that the subpoenas are unconstitutional. Those lawsuits have percolated through the federal courts; the D.C. Circuit Court of Appeals upheld the congressional subpoena, and the Second Circuit Court of Appeals upheld the District Attorney’s subpoena. Now Trump has appealed both decisions. Both lawsuits now sit before the Supreme Court and await action from the nine Justices. This article gives a comprehensive overview of both of Trump’s tax returns cases. I analyze the D.C. Circuit and Second Circuit’s opinions, issued before Trump’s appeal to the Supreme Court. I assess each parties’ arguments as they are now laid out in briefs filed with the Supreme Court. I lay out timelines for both cases and explain what the Supreme Court might do and when. Finally, I give my own thoughts on some of the critical legal questions the cases present.