Supreme Court decision on Trump's taxes handed Democratic lawmakers a powerful new weapon: law profe
Published 1 min ago on July 11, 2020
By Tom Boggioni
According to a law professor writing for Politico, Donald Trump earned a small victory this past week when the Supreme Court did not allow Congress to have his tax returns that prosecutors in New York will receive, but it did set a precedent for more Congressional power over the president that can be used in further conflicts.
In her column for Politico, Kimberly Wehle of the University of Baltimore School of Law, wrote that “Congress emerged with more clarity about its oversight powers, and how to enforce them, than it had before the Supreme Court weighed in,” in its 7/2 decision.
Writing that, “Trump’s breathtaking plea for absolute presidential immunity, if accepted, would have fractured the Constitution’s system of separated powers,” Wehle said when the court rebuffed Trump it created an opening for Congress.
“The Supreme Court hasn’t had to wade into this kind of mess until now because every president before Trump struck deals with the coordinate legislative branch of government,” she explained. “Because there was no precedent in Mazars, the Court had to make up some law. Which it did. The Chief Justice unveiled a multi-part test to guide lower courts faced with subpoenas for information bearing on sitting presidents. In particular, the Court sent the matter back to the lower court with directions that it consider whether the subpoenas have a significant legislative purpose that is supported by sufficiently ‘detailed and substantial’ evidence; whether Congress can reasonably get the information from other sources; whether the subpoenas are ‘no broader than reasonably necessary to support Congress’s legislative objective’; and whether the third parties’ compliance with the subpoenas would somehow burden the president.”
https://www.rawstory.com/2020/07/supreme-court-decision-on-trumps-taxes-handed-democratic-lawmakers-a-powerful-new-weapon-law-professor/
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