Individual Members Exercising Oversight
Rule of Seven Case
Major Issue: Whether less than a majority of House Oversight Committee members can enforce a document request under 5 U.S.C. 2954 and obtain documents from the General Services Administration?
Case Status: Awaiting Supreme Court ruling.
Case Description: On Nov. 2, 2017, 17 members of the House Oversight Committee filed suit in D.C. federal district court to compel the General Services Administration (GSA) to produce documents related to a 60-year lease allowing the Trump Organization to operate the Old Post Office building as the Trump International Hotel. The 17 Members of Congress were all members of the minority party on the House Oversight Committee. They submitted the document request under 5 U.S.C. 2954, which requires executive branch agencies to produce documents upon receiving a request by “any seven members” of the House Oversight Committee if the request is within the jurisdiction of the committee. GSA refused to produce the documents and, represented by the Department of Justice (DOJ), challenged the standing of the committee members to enforce the document request in court.
Procedural Posture: On Aug, 14, 2018, D.C. District Judge Amit Mehta dismissed the lawsuit for lack of standing. The Members of Congress appealed. On Dec. 29, 2020, a D.C. Circuit 3-judge panel reversed the district court and ruled, 2-1, that the Members of Congress did have standing to bring the suit in federal court. On Nov. 2, 2022, GSA filed a petition requesting Supreme Court review, and briefing is now underway to determine if the Supreme Court will hear the appeal. This case would be the first to resolve the issue of whether members of Congress have standing to enforce a document request under 5 U.S.C. 2954.
On Nov. 2, 2017, 17 members of the House Oversight Committee filed suit in D.C. federal district court to compel the General Services Administration (GSA) to produce documents related to a 60-year lease allowing the Trump Organization to operate the Old Post Office building as the Trump International Hotel. D.C. District Judge Amit Mehta was assigned to Case No. 17-CV-02308. The Members of Congress filed a motion for summary judgment in their favor, while GSA filed a motion to dismiss. On Aug, 14, 2018, Judge Mehta dismissed the suit for lack of standing. Cummings v. Murphy, 321 F. Supp. 92 (D.D.C. 2018). The Members of Congress appealed.
- Complaint filed by 17 members of House Oversight Committee to enforce request for GSA documents (11-2-2017)(14 pages)
- D.C. District Court opinion dismissing suit for lack of standing (8-14-2018)(23 pages)
A D.C. Circuit 3-judge panel, with Judges Ginsburg, Millett, and Tatel, was assigned to Case No. 18-5305. On Dec. 29, 2020, the panel reversed the district court and ruled, 2-1, that the Members of Congress did have standing to bring the suit in federal court and remanded the case to the district court for further proceedings. Maloney v. Murphy, 984 F.3d 50 (D.C. Cir. 2020). On March 15, 2021, GSA petitioned the Circuit Court for a rehearing en banc. On Aug. 8, 2022, the D.C. Circuit denied the petition. Two judges filed a concurrence, and four judges supported dissents that would have favored the petition for rehearing. On Nov. 2, 2022, GSA filed an appeal with the Supreme Court.
- D.C. Circuit Court of Appeals opinion reversing district court and finding House members have standing to sue (12-29-2020)(46 pages)
- DOJ petition for en banc rehearing by D.C. Circuit (3-15-2021)(70 pages)
- D.C. Circuit Court of Appeals opinion denying petition for en banc rehearing (8-8-2022)(39 pages)
On Nov. 2, 2022, GSA filed a petition for a writ of certiorari requesting Supreme Court review of the D.C. Circuit opinion. Under the leadership of the Biden Administration, GSA filed the petition with the Supreme Court despite having provided most of the requested documents to the members of Congress. The dispute now centers on a very small number of documents, and it is possible that the case will become moot prior to any Supreme Court ruling.
- GSA petition for Supreme Court review (11-2-2022)(185 pages)
- House Members brief in opposition to Supreme Court review (2-7-2023)(42 pages)
- GSA reply briefing supporting Supreme Court review (2-23-2023)(15 pages)
