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NEWS JANUARY 4, 2021 ¦ 25

SCOTUS’ Mazars Ruling Leaves Many Legal
Questions Unanswered

By Ronak D. Desai

Although Donald Trump’s presidency is in its
final days, the ongoing interbranch battle
over his financial records is set to continue
well after he leaves office.
In December, the general counsel of the House
of Representatives notified a federal appeals
court that the Committee on Oversight and Re-
form will reissue a subpoena it served last year
targeting the president’s financial documents as
part of its lawmaking efforts. The filing makes
clear that Congress intends to pursue the in-
formation regardless of Trump’s impending de-
parture. The Oversight Committee subpoena is
one of four subpoenas issued by three different
House committees in April 2019 to the presi-
dent’s private auditor and lenders demanding the
first family’s financial records.
The enforcement of these legislative subpoenas
was at the center of a blockbuster Supreme Court
case earlier this year, Trump v. Mazars USA, pit-
ting Congress against Trump. After district and ap- Ronak D. Desai, with Paul Hastings.

pellate courts in New York and Washington, D.C., Congressional subpoenas against the president for
sided with the House committees against Trump his personal records. First, courts should consider
over the validity of their subpoenas, the Supreme whether “other sources could reasonably provide
Court granted certiorari. The question presented Congress the information it needs” for “its particu-
was whether the subpoenas exceeded the authority lar legislative objective.” Second, subpoenas may be
of the House under the U.S. Constitution. “no broader than reasonably necessary.” Third, “Con-
gress must adequately identif[y] its aims” and explain
In a 7-2 decision written by Chief Justice John “why the President’s information will advance its ...
Roberts, the court ruled that Congressional subpoe- possible legislation.” Finally, courts “should be care-
nas for the president’s private papers implicate special ful to assess the burdens imposed on the President by
separation of powers concerns that must be appropri- a subpoena.” Moreover, “other considerations” may
ately weighed before they can be enforced. The jus- also factor into judicial considerations. Consequently,
tices found the lower courts failed to consider these
concerns, but also rejected the president’s claims of
near-absolute immunity from legislative subpoenas, the majority vacated the lower courts’ prior rulings
reaffirming Congress’ power to issue and enforce upholding the House subpoenas in their current in-
them so long as they serve a valid legislative purpose. carnations and remanded the case, instructing the
The court enumerated a complex, four-part lower courts to deploy the new balancing test.
test that lower courts must apply before enforcing
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