Morrison v. Olson
| Morrison v. Olson | |
|---|---|
|
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| Argued April 26, 1988 Decided June 29, 1988 |
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| Full case name | Alexia Morrison, Independent Counsel v. Theodore Olson, et al. |
| Citations | 487 U.S. 654 (more)
108 S. Ct. 2597; 101 L. Ed. 2d 569; 1988 U.S. LEXIS 3034; 56 U.S.L.W. 4835
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| Prior history | Appeal from the United States Court of Appeals for the District of Columbia Circuit |
| Holding | |
| The Independent Counsel Act is constitutional, as it does not increase the power of the judiciary or legislative branches at the expense of the executive. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by Brennan, White, Marshall, Blackmun, Stevens, O'Connor |
| Dissent | Scalia |
| Kennedy took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. art. II | |
Morrison v. Olson, 487 U.S. 654 (1988), is a case where the Supreme Court of the United States decided, by a 7–1 margin, that the Independent Counsel Act was constitutional.
The case involved subpoenas from two subcommittees of the United States House of Representatives that directed the Environmental Protection Agency (EPA) 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 grounds 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. Alexia Morrison was named independent counsel and given jurisdiction to investigate whether Olson had violated federal law. Olson moved to quash the resultant subpoenas and sued Morrison (in her professional capacity).
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