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The Supreme Court has determined precisely one case involving the privilege, and even that decision—within the Watergate tapes case, United States v. Nixon—raised as many questions as it answered. One cause courts have traditionally had so little to say about the privilege is because, because the Congressional Research Service defined in 2014, “[t]he overwhelming majority of those disputes are resolved by way of political negotiation and accommodation.” Most privilege claims come up in disputes between Congress and the executive department, and most of the time, the involved events are in a position to attain some sort of compromise—or the relevant administration and/or Congress ends—before the dispute is conclusively settled by the courts.

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Yesterday the justices heard argument in Mathena v. Malvo, by which convicted D.C.-area sniper Lee Boyd Malvo is asking the court to overturn his sentence of life with out parole for murders committed in Virginia in 2002, when Malvo was 17. Amy Howe has this blog’s argument evaluation, which first appeared at Howe on the Court. At Fox News, Barnini Chakraborty and Bill Mears report that the court grappled with “whether Malvo, now 34, must be resentenced in Virginia in light of a pair of recent Supreme Court rulings restricting life-with out-parole sentences for crimes dedicated by juveniles.” Ariane de Vogue reports at CNN that “the justices struggled for greater than an hour discussing the influence of their very own prior instances as well as the small print concerning Virginia’s sentencing scheme.” Audio protection of … Read More