Venue: |
DC District Court
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Facts: |
Congress issues Gorsuch (administrator of EPA) a subpoena regarding
superfund cleanup. EPA declines, contempt of congress is
invoked, etc. |
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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. |
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Issue: |
Did Gorsuch act lawfully in witholding the documents under a claim
of executive privilege? Is this a "case or controversy?" |
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Holding: |
None: issuing a declaratory judgment would be premature. |
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Rule: |
Courts have a duty to avoid unnecessarily deciding constitutional
issues. |
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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. |
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Dicta: |
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