Supreme Court to consider when lawmakers out of the majority can sue for executive branch records in Trump hotel dispute

The Supreme Court granted a request from the Biden administration to review a federal appeals court decision that allows for a handful of members of Congress to sue a government agency for records related to a Washington, DC, hotel once partly owned by former President Donald Trump – even if they don’t have enough votes to issue a subpoena.

The case raises questions about when members of Congress – and not a full committee – have the legal right to sue an executive agency for documents under a specific federal law, Section 2954.

While most of the documents related to the Trump hotel deal have already been turned over, the ongoing court dispute will resolve whether challenges brought by lawmakers in the minority can go forward in future cases.

The Biden administration argued that if the lower court ruling is allowed to stand, it will harm the independence of the Executive Branch, and turn what has always been a negotiation process between the branches of government into immediate litigation.

Often referred to as the “seven-member rule,” it authorizes seven or more members (less than a majority) of House or Senate oversight committees to request and to receive information from government agencies.

The question before the Supreme Court is whether the members have the legal right or “standing” to sue for non-compliance under the law. A federal appeals court held that they did.

The law is distinct from Congress’ institutional authority to request or subpoena documents and witnesses, which requires formal authorization from Congress or a committee.

The case will be heard next fall.

Back in 2016, members of the Democratic minority of the House Oversight Committee began to scrutinize a 2013 agreement between the General Services Administration (GSA) and a company owned partly by Trump. As a part of the…