A majority of the DC Circuit rejected the Justice Department's argument that Congress could not take the president and the executive branch to court to enforce subpoenas.
that House Democrats can take the Trump administration to court when current and former officials refuse to comply with subpoenas, rejecting the Justice Department's argument that Congress could not ever sue.
"Indeed, the ordinary and effective functioning of the Legislative Branch critically depends on the legislative prerogative to obtain information, and constitutional structure and historical practice support judicial enforcement of congressional subpoenas when necessary," Rogers wrote. The DC Circuit heard arguments in the case in April, along with a separate case that House Democrats had brought against the administration over Trump's plan to divert money allocated for military spending to pay for border wall construction. In that case, the administration had also argued that Congress lacked standing to sue. The DC Circuit sent that case back down to the district court judge to reconsider in light of the decision in the McGahn case.
US District Judge Ketanji Brown Jackson ruled in November that the committee did have standing to sue, and she also dove into the merits of the fight and rejected the administration's absolute immunity argument. The Justice Department appealed, and the three-judge panel sided with the Trump administration on the standing issue in February. Rogers, who wrote the main opinion on Friday, was part of the original panel and dissented at the time.
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