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Administrative Law Keyed to Lawson
Morrison v. Olson
Citation:
487 U.S. 654, 108 S. Ct. 2597, 101 L. Ed. 2D 569 (1988)Facts
In 1982, Theodore Olson, as Assistant Attorney General for the Office of Legal Counsel, testified before a House subcommittee regarding an EPA document controversy. After allegations that his testimony contained false statements, the House Judiciary Committee requested appointment of an independent counsel. Under the Ethics in Government Act, a Special Division of the D.C. Circuit appointed Alexia Morrison to investigate. When Morrison issued subpoenas as part of her investigation, Olson challenged the constitutionality of the independent counsel provisions. He argued that the Act violated separation of powers by impermissibly interfering with the President’s authority under Article II and that the appointment mechanism violated the Appointments Clause by allowing judicial appointment of an executive officer.
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