The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, April 26, 1988
Decision: Monday, June 27, 1988
Issues: Miscellaneous
Categories: justiciability, separation of powers
Tags: Rehnquist: Separation of Powers, Rehnquist on iTunes U

Advocates

Michael Davidson (as amicus curiae, supporting Appellant)
Charles Fried (as amicus curiae, supporting Appellees)
Alexia Morrison (on behalf of the Appellant)
Thomas S. Martin (on behalf of Appellees)

Facts of the Case

The Ethics in Government Act of 1978 created a special court and empowered the Attorney General to recommend to that court the appointment of an "independent counsel" to investigate, and, if necessary, prosecute government officials for certain violations of federal criminal laws.

Question

Did the Act violate the constitutional principal of separation of powers?

Conclusion

The Court addressed a number of constitutional issues in this case and upheld the law. The near-unanimous Court held that the means of selecting the independent counsel did not violate the Appointments Clause; the powers allocated to the special court did not violate Article III; and the Act was not offensive to the separation of powers doctrine since it did not impermissibly interfere with the functions of the Executive Branch.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 7 votes for Morrison, 1 vote(s) against
Legal Provision: 28 U.S.C. 49
Did not participate
Kennedy
Wrote the majority opinion
Rehnquist
Voted with the majority
Brennan
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Voted with the majority
Stevens
Voted with the majority
O'Connor
Wrote a dissent
Scalia
Full Opinion by Chief Justice William H. Rehnquist

Cite this page

The Oyez Project, Morrison v. Olson, 487 U.S. 654 (1988),
available at: <http://www.oyez.org/cases/1980-1989/1987/1987_87_1279/>
(last visited ).