Morrison v. Olson
Encyclopedia
Morrison v. Olson, 487 U.S. 654
(1988), was a case that went before the Supreme Court of the United States
. By a 7 to 1 margin, the Court ruled that the Independent Counsel Act was constitutional. Justice Antonin Scalia
wrote the sole dissenting opinion.
directing the Environmental Protection Agency
to produce documents relating to the efforts of the EPA and the Land and Natural Resources Division of the Justice Department to enforce the Superfund
law. Theodore Olson
was the assistant Attorney General for the Office of Legal Counsel
. President Ronald Reagan
ordered the Administrator of the EPA to withhold the documents on the ground that they contained "enforcement sensitive information." This led to an investigation by the House Judiciary Committee that later produced a report suggesting Olson had given false and misleading testimony before a House subcommittee during the investigation.
The Chairman of the Judiciary Committee forwarded a copy of the report to the Attorney General with a request that he seek the appointment of an independent counsel to investigate the allegations against Olson and two others.
Olson, who was a Constitutional lawyer, attempted to argue that the independent counsel took executive
powers away from the office of the President of the United States
and created a hybrid "fourth branch" of government that was ultimately answerable to no one. He argued that the broad powers of the independent counsel could be easily abused, or corrupted by partisan
ship.
Independent Counsel Alexia Morrison in turn argued that her position was necessary in order to prevent abuses of the executive branch, which historically operated in a closed environment.
Conservatives began to share his concern when in 1992, four days before the election, Lawrence Walsh announced the re-indictment of former defense secretary Caspar Weinberger
on charges related to the Iran-Contra affair. Critics also sensed partisan politics when Walsh's office leaked a note suggesting President Bush had lied about his connections to the affair. Liberals also began to share Scalia's concern when independent counsel Kenneth Starr
spent $40 million and more than four years investigating President Clinton
's land deals and extramarital affairs. Many believed the investigation was plagued by partisanship.
The New York Times wrote, “[i]n an introduction he gave shortly after the case was decided, (then) Judge (Samuel A.) Alito said the decision hit the separation of powers
doctrine ‘about as hard as heavy-weight champ Mike Tyson
usually hits his opponents.’”
In February 2006, lawyers for I. Lewis "Scooter" Libby, Vice President Dick Cheney
's former top aide, argued that Special Counsel Patrick J. Fitzgerald lacked the legal authority to bring charges now pending against him. In April 2006, a court rejected Libby's argument, citing the precedent in Morrison v. Olson.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1988), was a case that went before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. By a 7 to 1 margin, the Court ruled that the Independent Counsel Act was constitutional. Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
wrote the sole dissenting opinion.
Facts
The situation from which the case arose involved subpoenas from two subcommittees from the United States House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
directing the Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
to produce documents relating to the efforts of the EPA and the Land and Natural Resources Division of the Justice Department to enforce the Superfund
Superfund
Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , a United States federal law designed to clean up sites contaminated with hazardous substances...
law. Theodore Olson
Theodore Olson
Theodore Bevry Olson is a former United States Solicitor General, serving from June 2001 to July 2004 under President George W. Bush.- Early life :...
was the assistant Attorney General for the Office of Legal Counsel
Office of Legal Counsel
The Office of Legal Counsel is an office in the United States Department of Justice that assists the Attorney General in his function as legal adviser to the President and all executive branch agencies.-History:...
. President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
ordered the Administrator of the EPA to withhold the documents on the ground that they contained "enforcement sensitive information." This led to an investigation by the House Judiciary Committee that later produced a report suggesting Olson had given false and misleading testimony before a House subcommittee during the investigation.
The Chairman of the Judiciary Committee forwarded a copy of the report to the Attorney General with a request that he seek the appointment of an independent counsel to investigate the allegations against Olson and two others.
Olson, who was a Constitutional lawyer, attempted to argue that the independent counsel took executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
powers away from the office of the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and created a hybrid "fourth branch" of government that was ultimately answerable to no one. He argued that the broad powers of the independent counsel could be easily abused, or corrupted by partisan
Partisan (political)
In politics, a partisan is a committed member of a political party. In multi-party systems, the term is widely understood to carry a negative connotation - referring to those who wholly support their party's policies and are perhaps even reluctant to acknowledge correctness on the part of their...
ship.
Independent Counsel Alexia Morrison in turn argued that her position was necessary in order to prevent abuses of the executive branch, which historically operated in a closed environment.
Holding
The Court upheld the Independent Counsel provision of the Ethics in Government Act because it did not violate the separation of powers by increasing the power of one branch at the expense of another. Instead, even though the President could not directly fire the independent counsel, the person holding that office was still an Executive branch officer, not under the control of either U.S. Congress or the courts.Justice Scalia's dissent
Justice Scalia, the lone dissenter, said that the law had to be struck down because (1) criminal prosecution is an exercise of "purely executive power" as guaranteed in the Constitution and (2) the law deprived the president of "exclusive control" of that power. Scalia, in his opinion, also predicted how the law might be abused in practice, writing, "I fear the Court has permanently encumbered the Republic with an institution that will do it great harm."Conservatives began to share his concern when in 1992, four days before the election, Lawrence Walsh announced the re-indictment of former defense secretary Caspar Weinberger
Caspar Weinberger
Caspar Willard "Cap" Weinberger , was an American politician, vice president and general counsel of Bechtel Corporation, and Secretary of Defense under President Ronald Reagan from January 21, 1981, until November 23, 1987, making him the third longest-serving defense secretary to date, after...
on charges related to the Iran-Contra affair. Critics also sensed partisan politics when Walsh's office leaked a note suggesting President Bush had lied about his connections to the affair. Liberals also began to share Scalia's concern when independent counsel Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
spent $40 million and more than four years investigating President Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
's land deals and extramarital affairs. Many believed the investigation was plagued by partisanship.
Aftermath
Congress let the Independent Counsel Act expire in 1999.The New York Times wrote, “[i]n an introduction he gave shortly after the case was decided, (then) Judge (Samuel A.) Alito said the decision hit the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
doctrine ‘about as hard as heavy-weight champ Mike Tyson
Mike Tyson
Michael Gerard "Mike" Tyson is a retired American boxer. Tyson is a former undisputed heavyweight champion of the world and holds the record as the youngest boxer to win the WBC, WBA and IBF world heavyweight titles, he was 20 years, 4 months and 22 days old...
usually hits his opponents.’”
In February 2006, lawyers for I. Lewis "Scooter" Libby, Vice President Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
's former top aide, argued that Special Counsel Patrick J. Fitzgerald lacked the legal authority to bring charges now pending against him. In April 2006, a court rejected Libby's argument, citing the precedent in Morrison v. Olson.
See also
- List of United States Supreme Court cases, volume 487
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court