Well, we're back. In a way. In a
44-page opinion [pdf], the Washington District Court has refused the DOJ's motion to dismiss the case brought by the House Oversight Committee:
Quote:
|
The motion to dismiss will be denied. The fact that this case arises out of a dispute between two branches of government does not make it non-justiciable; Supreme Court precedent establishes that the third branch has an equally fundamental role to play, and that judges not only may, but sometimes must, exercise their responsibility to interpret the Constitution and determine whether another branch has exceeded its power. In the Court’s view, endorsing the proposition that the executive may assert an unreviewable right to withhold materials from the legislature would offend the Constitution more than undertaking to resolve the specific dispute that has been presented here. After all, the Constitution contemplates not only a separation, but a balance, of powers.
|
Essentially, yes, the courts
do have a role to play in this matter. Darryl Issa has a statement on the matter
here.