White House Counsel Donald McGahn, prior to President Donald Trump announcing the nomination of Judge Brett Kavanaugh to be associate justice of the U.S. Supreme Court, replacing Justice Anthony Kennedy, in the East Room of the White House, on July 9, 2018. Photo: Diego M. Radzinschi/ALM
The en banc U.S. Court of Appeals for the D.C. Circuit will again rehear a case over the House’s authority to sue for former White House counsel Don McGahn’s testimony, a ruling that will have significant implications for lawmakers’ oversight powers.
This is the second time the court’s swath of active judges will hear the case, after a majority ruled earlier this year in favor of the House’s Article III standing to sue to enforce congressional subpoenas against the executive branch. However, the court’s opinion did not fully resolve the case and remanded the remaining legal issues to a panel.
