Morrison v. Olson

Morrison v. Olson
Argued April 26, 1988
Decided June 29, 1988
Full case nameAlexia Morrison, Independent Counsel v. Theodore Olson, et al.
Citations487 U.S. 654 (more)
108 S. Ct. 2597; 101 L. Ed. 2d 569; 1988 U.S. LEXIS 3034; 56 U.S.L.W. 4835
Case history
PriorIn re Sealed Case, 838 F.2d 476 (D.C. Cir. 1988); probable jurisdiction noted, 484 U.S. 1058 (1988).
Holding
The Independent Counsel Act's restriction on the power of the Attorney General to remove an inferior officer only for good cause does not violate the Appointments Clause. The Independent Counsel Act is constitutional, as it does not increase the power of the judiciary or legislative branches at the expense of the executive branch.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityRehnquist, joined by Brennan, White, Marshall, Blackmun, Stevens, O'Connor
DissentScalia
Kennedy took no part in the consideration or decision of the case.
Laws applied
U.S. Const. art. II

Morrison v. Olson, 487 U.S. 654 (1988), was a Supreme Court of the United States decision that determined the Independent Counsel Act was constitutional. Morrison also set important precedent determining the scope of Congress's ability to encumber the President's authority to remove Officers of the United States from office. In Seila Law LLC v. Consumer Financial Protection Bureau (2020), the Supreme Court distinguished Morrison as a narrow exception applying only to inferior officers.

Over the years, the case has become at least as well known for its lone dissent by Justice Antonin Scalia.[1][2][3][4][5][6][7][8]

  1. ^ "The Great Dissent: Justice Scalia's Opinion in Morrison v. Olson | The Federalist Society". Fedsoc.org. October 7, 2018. Retrieved July 27, 2022.
  2. ^ "Morrison v. Olson is Bad Law". June 9, 2017.
  3. ^ "The Great Dissent: Justice Scalia's Opinion in Morrison v. Olson". Linkedin.com. October 16, 2018. Retrieved July 27, 2022.
  4. ^ "Good-bye, Morrison v. Olson - New Civil Liberties Alliance". Nclalegal.org. June 25, 2021. Retrieved July 27, 2022.
  5. ^ "Greenhouse Morrison Olson". National Review. September 12, 2016. Retrieved July 27, 2022.
  6. ^ "Blank Check; Ethics in Government: The Price of Good Intentions". The New York Times. February 1, 1998. Retrieved July 27, 2022.
  7. ^ Bravin, Nick (1998). "Is Morrison v. Olson Still Good Law? The Court's New Appointments Clause Jurisprudence". Columbia Law Review. 98 (4): 1103–1144. doi:10.2307/1123356. JSTOR 1123356.
  8. ^ Kevin M. Stack (February 2009). "The Story of Morrison v. Olson: The Independent Counsel and Independent Agencies in Watergate's Wake".