Opinion | Jessica Levinson: The Supreme Court owes it to us to describe the breadth and depth of congressional oversight — and the president’s power to push back against that authority. - NBCNewsTHINK
This is not new behavior from Trump. He was impeached, in part, for directing others not to comply with congressional subpoenas regarding whether or not heStill, this dispute is different. It is the judiciary’s role to step in and enforce valid subpoenas. The Supreme Court, however, can refuse. The political question doctrine is a rule that allows courts to stay out of certain disputes, particularly those made by a political branch or between the two political branches.
In sum, the political question doctrine is a way for courts to avoid making politically charged decisions. The Supreme Court may earn a short-term win by washing its hands of this messy dispute between Congress and Trump. But the long-term losers are the American public. Nowhere in the Constitution does it explicitly say that judges should rule on legal disputes — unless they are politically messy. There is no unambiguous constitutional carve-out for judges who prefer to avoid politically heated legal questions.
The bottom line is that if the court concludes this dispute between Congress and Trump is a political question, we may never see Trump’s financial records.
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