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Oversight Case Law
Although the right of Congress to conduct investigations has been litigated in the courts for more than 200 years, the case law arises from a relatively small number of court decisions. In recent years, however, federal courts have seen an influx of new cases, which we have gathered below.
Case Law on Congressional Oversight
Although the right of Congress to conduct investigations has been litigated in the courts for more than 200 years, the case law arises from a relatively small number of court decisions. Those cases have upheld the power of Congress to conduct broad inquiries and compel testimony and documents. In recent decades, fewer cases have been filed, and the published district court opinions have had limited precedential effect.
Over the last five years, however, federal courts have seen an influx of new cases. To date, most but not all of the court opinions in those cases have upheld Congress’ authority to obtain information; some appeals are ongoing.
To promote a deeper understanding of the emerging case law, we are tracking a list of key Congressional oversight cases by providing, for each, its status, procedural posture, and key excerpts from publicly available court opinions. In addition, the Levin Center has compiled a list of key issues addressed in those court opinions.
Case List
To promote a deeper understanding of the oversight case law, we are tracking a list of key Congressional oversight cases.
Case Status
Some of the cases under review have completed their journey through the courts, while others are subject to ongoing proceedings. Here is the current status of the recent court cases on congressional oversight.
Key Issues
Since 2016, the federal courts have issued opinions addressing a number of key issues affecting Congress’ oversight authority. Some of those cases have concluded; others are subject to ongoing proceedings. Click here for an overview of the key issues addressed to date in those court opinions.