The Supreme Court - December 16, 2019

Dorsey & Whitney LLP

Dorsey & Whitney LLP

On Friday afternoon, the Supreme Court of the United States granted certiorari in the following cases:

Trump v. Vance, No. 19-635: Whether as part of a district attorney’s criminal investigation targeting the President of the United States for possible indictment and prosecution during his term in office, a grand-jury subpoena served on a custodian of the President’s personal records, demanding production of nearly ten years’ worth of the President’s financial papers and his tax returns, violates Article II and the Supremacy Clause of the Constitution.

Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: Whether the Committee on Oversight and Reform, the Committee on Financial Services, and the Intelligence Committee of the U.S. House of Representatives have the constitutional and statutory authority to issue subpoenas to the accountant and creditors for President Trump and several of his business entities demanding private financial records belonging to the President.

McGirt v. Oklahoma, No. 18-9526: Whether Oklahoma courts can continue to unlawfully exercise, under state law, criminal jurisdiction as “justiciable matter” in Indian Country over Indians accused of major crimes enumerated under the Indian Major Crimes Act – which are under exclusive federal jurisdiction.

USAID v. Alliance for Open Society Int’l, No. 19-177: Whether the First Amendment – which the Court in Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013) held bars enforcement of Congress’s directive that United States-based organizations that receive federal funds to fight HIV/AIDS abroad “have a policy explicitly opposing prostitution and sex trafficking” as a condition of accepting those funds – further bars enforcement of that directive with respect to legally distinct foreign entities operating overseas that are affiliated with such United States-based organizations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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