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Today in Supreme Court History: July 10

Jul 8
1 min read

McGirt v. Oklahoma, 591 U.S. 894 (decided July 9, 2020): Oklahoma had no jurisdiction to try Native American because alleged crime occurred on what was still technically a reservation despite long history of broken promises and disruption of borders; case can only be tried in federal court under the Major Crimes Act (the decision is a good example of Gorsuch’s casual writing style)


Trump v. Vance, 591 U.S. 786 (decided July 9, 2020): grand jury could subpoena Trump’s accountants; Article II and Supremacy Clause not violated by state criminal process on a sitting President


Trump v. Mazars USA, 591 U.S. 848 (decided July 9, 2020): Trump contested Congressional subpoenas into his financial affairs (possible money laundering, foreign influence; no executive privilege asserted, but Congress had never subpoenaed Presidential records before and Court remanded for consideration of separation of powers concerns (Thomas in dissent argues that Congress can never subpoena private papers from anyone, let alone the President, except for impeachment process) (with Trump no longer President, D.C. Circuit ruled that subpoenas had to be responded to in part, 39 F.4th 774, 2022)

 
 
 

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