This Week’s Brief: December 2

The Supreme Court’s December sitting began this week with oral arguments in six cases. One of those cases concerns the first Second Amendment challenge to reach the Court in ten years. However, much of the discussion at oral argument pertained to mootness—that is, whether the case should be dismissed since it’s no longer really a live case. The Court also denied a stay of execution, added to its docket an intriguing First Amendment case out of Delaware, and declined to grant the Trump administration’s request to resume executing federal prisoners. Finally, Justice Ginsburg entered a one-week administrative stay in one of President Trump’s tax returns cases—the third one to reach the Supreme Court. Here’s your recap of what happened at the Supreme Court this past week.

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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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