Office of the President v. Office of the Independent Counsel

Background

A petitioner asked the Court to review a divided decision from the Court of Appeals about whether some communications involving government lawyers are legally protected from disclosure. The Court denied review. Separately, the Court granted the petitioner’s motion to file an unredacted appendix under seal in this matter.

Reasoning

The Court’s action was a denial of review, not a decision on the underlying legal question. Justice Breyer, joined by Justice Ginsburg, dissented from that denial. He emphasized that the appeals court’s split decision shows the issue lacks a clear answer and that both sides agree the question is important and worth the Court’s attention.

Real world impact

Because the Supreme Court refused to take the case now, the appeals-court ruling remains in place for this dispute but is not established as national law. Justice Breyer warned that government officials, including the President and other employees, might avoid sharing sensitive information with government lawyers or might hire outside lawyers to protect confidentiality. The denial leaves uncertainty about how government communications will be treated, and the legal question could still be resolved in a future case.

Dissents or concurrances

Justice Breyer would have granted review and stated that the Supreme Court should set a clear rule on this important question about confidentiality and government lawyers.