Notable rulings
Environment
In 1999,Tatel dissented in American Trucking v. United States EPA,a case about the EPA's power to set emission standards under the Clean Air Act. Tatel rejected the majority's invocation of the "nondelegation doctrine," arguing that the agency's actions were permissible. [8] In a unanimous opinion written by Justice Antonin Scalia,the Supreme Court eventually reversed the majority's opinion,liberally adopting the reasoning of Tatel's dissent. [9]
In 2005,Tatel was assigned to Massachusetts v. EPA,a case that centered on whether the Clean Air Act allowed the EPA to regulate greenhouse gases. In a dissenting opinion,Tatel sided with the EPA,finding that Congress had clearly given the agency authority to regulate greenhouse gas emissions. [10] The Supreme Court again agreed with Tatel,vacating the D.C. Circuit's opinion in a 5-4 decision. [11]
Voting Rights
In 2008,Tatel authored the majority opinion in Northwest Austin Mun. Util. Dist. One v. Mukasey,which held that Section 5 of the Voting Rights Act is constitutional. [12]
Less than four years later,Tatel also wrote the majority opinion in Shelby County v. Holder,again upholding the constitutionality of Section 5 of the Voting Rights. In a landmark voting rights decision,the Supreme Court eventually reversed his opinion. The Court's 5-4 ruling held that Section 4 of the Voting Rights Act is unconstitutional,rendering Section 5 unenforceable. [13]
Privilege
Tatel dissented in two important attorney-client privilege cases. In 1997,he wrote the dissenting opinion in Swidler &Berlin v. United States,explaining that the notes from conversations between Vincent Foster and his attorney were protected by the attorney-client privilege even after Foster’s death. The Supreme Court,in a 6-3 ruling,later sided with Tatel and ruled to protect the notes. [14] The following year,Tatel concurred in part and dissented in part in In Re:Bruce Lindsey,a case involving whether Special Counsel Ken Starr could seek grand jury testimony about Monica Lewinsky from deputy White House counsel Bruce Lindsey. Tatel argued that presidents should enjoy attorney-client privilege in their communications with White House Counsel. [15]
In 2005,Tatel authored a concurring opinion in In Re:Grand Jury Subpoena,Judith Miller, a case about whether the First Amendment allows reporters to refuse to disclose their sources to a grand jury. Tatel agreed with the majority that the First Amendment did not protect Judith Miller in the case,but he wrote separately to argue that federal courts should recognize a "reporter's privilege." [16]
Guantanamo Bay
Tatel heard several appeals from prisoners held in the Guantanamo Bay Detention Camp. In 2017,Tatel,along with Judges Rogers and Griffith,wrote a per curiam opinion vacating a decision of a military judge against Khalid Sheikh Mohammad because of biased statements made by the judge against the defendant. [17] In 2019,Tatel also wrote a majority opinion vacating decisions against Abd al-Rahim al-Nashiri,finding that the military judge wrongly hid his pursuit of a job with the government while presiding over al-Nashiri's case. [18]
Other Issues
In June 2017,Tatel found the Foreign Sovereign Immunities Act did not prevent the survivors of a Holocaust victim from suing to recover art stolen by Nazi plunderers,over the partial dissent of Senior Judge A. Raymond Randolph. [19] [20]
In October 2019,Tatel filed the majority opinion in Trump v. Mazars USA,LLP ,finding that the U.S. House of Representatives Committee on Oversight and Reform had the authority to compel Mazars,via subpoena,to produce documents relating to the personal financial information of President Donald Trump,including several years' worth of income tax returns. [21] That decision was vacated and remanded,7–2,by the Supreme Court in an opinion written by Chief Justice John Roberts on July 9,2020. [22]
