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Today in Supreme Court History: July 9

McGirt v. Oklahoma, 591 U.S. --- (decided July 9, 2020): Oklahoma had no jurisdiction to try Native American because alleged crime occurred on what was still technically a reservation despite long history of broken promises and disruption of borders; case can only be tried in federal court under the Major Crimes Act (the decision is a good example of Gorsuch’s casual writing style)


Trump v. Vance, 591 U.S. 786 (decided July 9, 2020): rejecting Trump’s attempt to block grand jury subpoena on his accountants; Article II and Supremacy Clause not violated by state criminal process on a sitting President


Trump v. Mazars USA, 591 U.S. 848 (decided July 9, 2020): Trump contested Congressional subpoenas into his financial affairs for purpose of determining money laundering and extent of foreign influence; no executive privilege asserted, but Congress had never subpoenaed Presidential records before and Court remanded for consideration of separation of powers concerns (Thomas in dissent holds that Congress can never subpoena private papers from anyone, let alone the President, except as part of an impeachment process) (with Trump no longer President, D.C. Circuit ruled that the subpoenas had to be responded to in part, 39 F.4th 774, 2022)

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