Friday, March 13, 2020
The full D.C. Circuit voted to reconsider the question whether a House committee has standing to sue a former executive branch officer. The court ordered rehearing in Committee on the Judiciary v. McGahn (and House of Representatives v. Mnuchin, which raises the same standing question) and vacated the panel's earlier ruling that the Committee lacked standing.
Recall that the panel held that the Judiciary Committee lacked standing to sue McGahn, a former executive branch official. In short, the court said that federal courts can't hear pure disputes between the coordinate branches; instead, there must be a plaintiff who was personally harmed in order to get the claim into federal court.
Today's order undoes that ruling and sets the case for rehearing before the entire D.C. Circuit.
This doesn't bode well for McGahn (and Mnuchin, and the Trump Administration). But whatever the en banc court ultimately says, this case is surely headed to the Supreme Court.