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Response To Non Motion Document
Response To Non Motion Document
Notice of Supplemental Authority filed by Plaintiff Committee on Ways and Means concerning
the decision in Committee on the Judiciary v. McGahn, No. 19-2379 (KBJ), 2019 WL 6312011
arguments that Defendants and Defendant-Intervenors have also presented in this case. These
include the arguments (1) that suits by Congress against the Executive Branch seeking to enforce
informational demands do not present a case or controversy under Article III; (2) that suits by
Congress against the Executive Branch seeking to enforce informational demands do not fall
within the jurisdictional grant of 28 U.S.C. § 1331; and (3) that there is not an implied cause of
action under Article I for Congress to enforce its informational demands against the Executive
The Executive Branch disagrees with the McGahn decision and has filed a notice of appeal
to the D.C. Circuit. On November 27, 2019, the D.C. Circuit administratively stayed the district
court’s McGahn decision and entered an expedited schedule pursuant to which oral argument will
be held on January 3, 2020. See Ex. A (D.C. Circuit Order). Given the overlapping threshold
questions in the McGahn litigation and this case, any decision by the D.C. Circuit in the McGahn
case is likely to be highly relevant to this Court’s resolution of the pending motion to dismiss.
JOSEPH H. HUNT
Assistant Attorney General
JAMES M. BURNHAM
Deputy Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Director
JAMES J. GILLIGAN
Special Litigation Counsel
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Case 1:19-cv-01974-TNM Document 76 Filed 12/03/19 Page 3 of 3
Patrick Strawbridge
CONSOVOY MCCARTHY PLLC
Ten Post Office Square, 8th Floor
South PMB #706
Boston, Massachusetts 02109
(617) 227-0548
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USCA Case #19-5331 Document #1818063 Filed: 11/27/2019 Page 1 of 2
Appellee
v.
Appellant
ORDER
Upon consideration of the emergency motion for stay pending appeal and for an
immediate administrative stay pending disposition of the stay motion, it is
ORDERED that the district court's order filed November 25, 2019, be
administratively stayed pending further order of this court. The purpose of this
administrative stay is to give the court sufficient opportunity to consider the appeal and
should not be construed in any way as a ruling on the merits of either the motion for
stay pending appeal or the appeal. See D.C. Circuit Handbook of Practice and Internal
Procedures 33 (2018). It is
FURTHER ORDERED, on the court's own motion, that the parties brief the
merits of this appeal pursuant to the following schedule:
The parties are directed to file their briefs and appendix and hand deliver the
paper copies to the Clerk's Office by 4:00 p.m. on the date due. It is
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FURTHER ORDERED that oral argument be scheduled before this panel at 9:30
a.m. on Friday, January 3, 2020.
All issues and arguments must be raised by appellant in the opening brief. The
court ordinarily will not consider issues and arguments raised for the first time in the
reply brief.
To enhance the clarity of their briefs, the parties are urged to limit the use of
abbreviations, including acronyms. While acronyms may be used for entities and
statutes with widely recognized initials, briefs should not contain acronyms that are not
widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 41
(2018); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).
All briefs and appendices must contain the date that the case is scheduled for
oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).
Per Curiam
BY: /s/
Daniel J. Reidy
Deputy Clerk