Thread by @ToddRuger

New: DC Circuit orders dismissal of House Judiciary Committee's lawsuit to force former WH Counsel Don McGahn to testify. Reasons to come shortly in order.

Could be a huge blow for congressional oversight, depending on the reasons.

The opinion is up, and it's a blow to Congress: DC Circuit agrees with Trump administration that "Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute."

The Executive Branch's exertion of immunity "may seriously and even unlawfully hinder the Committee's efforts to probe presidential wrongdoing," but that's not something that can get them into court, DC Circuit rules.

The branches are locked in a bitter political showdown that raises a contentious constitutional issue, and "the dangers of judicial involvement are particularly stark," the DC Circuit says of the McGahn fight.

Ruling on this case would open door to others, the DC Circuit says. "The walk from the Capitol to our courthouse is a short one, and if we resolve this case today, we can expect Congress’s lawyers to make the trip often."

DC Circuit: Congress has other powers to get McGahn to testify, and "Congress can wield these political weapons without dragging judges into the fray."

DC Circuit points out that the courts aren't well-equipped to handle the mess of political fights in the political branches.

The DC Circuit trashes the House argument that it suffered an "institutional injury" because it has sole power of impeachment and a broad power to investigate.

The remedy for Congress not getting everything it wishes from the executive branch is "in politics or at the ballot box," the DC Circuit rules.

Judge Rogers dissents: Court "all but assures future Presidential stonewalling of Congress, and further impairs the House’s ability to perform its constitutional duties."

And Rogers points out that the House asked only for McGahn to show up to testify before the committee, not force him to answer questions.