This Week’s Brief: January 20

The Court concluded its January sitting this week. It heard arguments in three cases, ranging from the Armed Career Criminal Act to contract and arbitration law to the Religion Clauses of the First Amendment. The Court issued no decisions, although Justice Breyer did pen a short statement relating to Monday’s orders list. Finally, the Court declined to expedite consideration of the twin “Obamacare” cases out of the Fifth Circuit Court of Appeals. Here’s your brief for the week of January 20.

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Federal Friction and Federalism: President Trump’s Tax Returns Cases

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.

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