“Supreme Court Alliances Challenged with Democratic Push for Subpoenas

The Democratic Party’s effort to subpoena Supreme Court Justices and their allies has sparked a heated and contentious debate. In response to the Supreme Court’s decision to take up a case on the Deferred Action for Childhood Arrivals (DACA) program, the Democrats proposed to subpoena the Justices and those in the Trump administration that may have influenced their decision. The proposal, introduced earlier this month by Representatives Ted Lieu (D-Calif.), Pramila Jayapal (D-Wash.), and Joe Neguse (D-Colo.), stated that the subpoenas would help Congress fully understand the influence of the Trump administration on the Supreme Court’s decision to take up DACA. Representatives, however, have faced strong pushback from their Republican counterparts and legal experts on the feasibility of this move. Critics of the proposal argue that the power to issue subpoenas falls under Congress’ jurisdiction, and they are concerned that if the Democrats were successful, it could lead to selective enforcement of subpoenas by the majority in Congress. They also argue that this goes against the traditional doctrine of judicial independence, as it would open up the courtroom to politics. In addition, lawmakers worry that subpoenas of Supreme Court Justices and their allies could lead to a politicization of the process and jeopardize the impartiality of the Court’s rulings. Some even say that representing government figures in a Court case is a privileged and confidential function, and that by involving them in politics, Congress would be infringing on this privilege. Legal scholars have also pointed out that the Supreme Court, being higher than Congress in the nation’s hierarchy, is not subordinate to them and therefore immune to the issuance of a subpoena. While Democrats maintain that the subpoena power still applies to the Supreme Court, some question why the party is targeting just the Court and its allies rather than the Justice Department or other government figures. While the debate has yet to be resolved, it is clear that the Democratic Party’s proposal to subpoena Supreme Court Justices and their allies has generated a very heated discussion in and out of Congress. While it is uncertain whether the move will be successful, it will leave a powerful impression on the nation’s legal system and judicial independence.