United States and Gorsuch v. House of Representatives

1983

Venue: DC District Court

Facts: Congress issues Gorsuch (administrator of EPA) a subpoena regarding superfund cleanup. EPA declines, contempt of congress is invoked, etc.

Posture: Before the contempt resolution is certified, the suit for declaratory judgment is filed. The contempt citation has not yet been presented to the grand jury.

Issue: Did Gorsuch act lawfully in witholding the documents under a claim of executive privilege? Is this a "case or controversy?"

Holding: None: issuing a declaratory judgment would be premature.

Rule: Courts have a duty to avoid unnecessarily deciding constitutional issues.

Reasoning: Gorsuch is not yet a defendant in any suit. We need to delay judicial intervention until all other possible remedies for this disagreement are exhausted. To issue a declaratory judgment now would be improper.

Dicta: