Supreme Court Rejects Lower Court Ruling Shielding State Lawmakers From Subpoenas

Published on July 7, 2024

The Supreme Court this week overturned an appeals court ruling that shielded Republican state legislators in North Dakota from having to comply with subpoenas in a voting rights lawsuit. The new decision quashes a U.S. Court of Appeals for the Eighth Circuit ruling that put state lawmakers’ legislative privilege against being subpoenaed on an equal footing with that of federal lawmakers. The circuit court previously held that legislative privilege is needed so public servants can do their jobs without worrying about personal liability or constant litigation, and that precedent holds that state lawmakers are entitled to the same protection as lawmakers in Congress....