Justice Thomas once again excels

July 20, 2020 By Mark J. Fitzgibbons

A recent dissenting opinion by U.S. Supreme Court Justice Clarence Thomas in a case involving congressional subpoenas for President Trump’s financial records helps illustrate why Thomas should be considered as one of, if not the best minds and writers ever on the bench.  Three congressional committees issued subpoenas to third parties for President Trump’s financial records, arguing that the subpoenas had a legislative purpose of potentially helping to shape laws. The courts below had ruled in favor of Congress and its power to issue the subpoenas.

The majority opinion written by Chief Justice John Roberts in this case of first impression reviewed the history of subpoenas for presidents or their official papers going back to the presidencies of George Washington and Thomas Jefferson.

The Roberts opinion adroitly noted the important constitutional separation of powers issue involved in a congressional subpoena for a sitting president’s papers, whether they are official government records or privately owned.  The Roberts opinion also noted judicial precedent that the Necessary and Proper Clause of Article I of the Constitution implies a congressional power to issue subpoenas..........

Thomas “would hold [instead] that Congress has no power to issue a legislative subpoena for private, nonofficial documents -- whether they belong to the President or not.” The genius of our Constitution is grasped so strongly and articulated so plainly by Thomas. Among the branches of government, “even the legislature must be made subject to the law,” wrote Thomas in this dissent..............To Read More.....