All the President's Papers

Cato Supreme Court Review (2020 Forthcoming)

Case Legal Studies Research Paper No. 2020-9

44 Pages Posted: 15 Aug 2020

See all articles by Jonathan H. Adler

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: 2020

Abstract

In a pair of cases during the 2019-20 Term, Trump v. Vance and Trump v. Mazars, the Supreme Court revisited questions of presidential immunity and the scope of legislative oversight that infrequently come before the Court. In two opinions by Chief Justice Roberts, the Court rejected broad claims of presidential immunity while recognizing the real separation of powers concerns raised by any investigation of the President. In these two decisions, the Court reaffirmed two fundamental constitutional values: 1) No person is above the law; 2) The powers of Congress are limited. In the process, the Court also demonstrated an ability to resolve important constitutional questions without descending into the political polarization that engulfs the body politic in 2020.

Keywords: Trump v. Mazars, Trump v. Vance, Presidential Immunity, Congressional Oversight, Separation of Powers, Donald Trump, Executive Privilege, Congressional Subpoenas

JEL Classification: K49

Suggested Citation

Adler, Jonathan H., All the President's Papers (2020). Cato Supreme Court Review (2020 Forthcoming), Case Legal Studies Research Paper No. 2020-9, Available at SSRN: https://ssrn.com/abstract=3671875

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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