Note sull'episodio
Morrison v. Olson, 487 U.S. 654 (1988)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/033-morrison-v-olson
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep487/usrep487654/usrep487654.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
The Ethics in Government Act of 1978 created independent counsels, appointed by a special court and removable by the Attorney General only for good cause, to investigate high executive officials. Independent counsel Alexia Morrison was investigating Theodore Olson, a former Assistant Attorney General, over testimony to Congress. Olson argued the whole arrangement violated the separation of powers.
Chief Justice Rehnquist, for a seven-to-one majority, upheld the law. The independent counsel was an inferior officer whom Congress could vest a court with appointing, and the good-cause limit did not unduly interfere with the President's executive power.
Justice Scalia dissented alone, and his dissent is now more influential than the majority. He warned that the law placed prosecutorial power outside the President's control and predicted how it would be used. "This wolf comes as a wolf," he wrote. After the Starr investigation, Congress let the law expire in 1999, and recent cases on presidential removal power lean heavily on Scalia's view.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Sealed Case, 665 F.Supp. 56 (DC) [as printed: Sealed Case, 665 F. Supp. 56 (DC); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- Sealed Case, 267 U.S.App.D.C. 178 (1988) at 224, n. 13 [as printed: Sealed Case, 267 U. S. App. D. C. 178, 224, n. 13, 838 F. 2d 476, 522, n. 13 (1988); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- Blair v. United States, 250 U.S. 273 (1919) [as printed: Blair v. United States, 250 U. S. 273 (1919); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- Sealed Case, 264 U.S.App.D.C. 125 (1987) [as printed: Sealed Case, 264 U. S. App. D. C. 125, 827 F. 2d 776 (1987); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- United States v. Germaine, 99 U.S. 508 (1879) at 511 (discussing United States v. Hartwell, 6 Wall. 385, 393 (1868)) [as printed: United States v. Germaine, 99 U. S. 508, 511 (1879) (discussing United States v. Hartwell, 6 Wall. 385, 393 (1868)); Dissent (Justice Scalia)] (episode link pending)
- Buckley v. Valeo, 424 U.S. 1 (1976) at 140-141 [as printed: Buckley v. Valeo, 424 U. S. 1, 140-141 (1976); Opinion of the Court (Chief Justice Rehnquist)] episode
- Germaine, supra, at 511 at 511 [as printed: Germaine, supra, at 511; Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- United States v. Eaton, 169 U.S. 331 (1898) [as printed: States v. Eaton, 169 U. S. 331 (1898); Dissent (Justice Scalia)] (episode link pending)
- Go-Bart Importing Co. v. United States, 282 U.S. 344 (1931) [as printed: Go-Bart Importing Co. v. United States, 282 U. S. 344 (1931); Dissent (Justice Scalia)] (episode link pending)
(+28 more named aloud; see the website)
Full list of 157 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/033-morrison-v-olson