Donziger v. United States
In brief
The Supreme Court refused to hear Donziger's petition (denied certiorari), so it did not decide whether courts may appoint prosecutors for criminal contempt.
- Where it stands
- Decided
Decided · March 27, 2023 · Opinion by Justice Gorsuch
- What it’s about
- This case asks whether courts can appoint their own prosecutors for criminal contempt charges when the U.S. Attorney declines to prosecute.
- Who it affects
- The Supreme Court's order left the constitutional questions undecided in this case. It did not endorse either side's arguments or announce a rule about court-appointed prosecutors.
Summary: written with AI from the case record.
What it's about
Specifically, it challenges whether these judicial appointments violate the Constitution's Appointments Clause.
The dispute raises a broader question about how the Constitution divides power between judges and federal prosecutors when prosecutors decline to bring criminal contempt charges.
Question presented
1. Whether courts can appoint their own prosecutors for criminal contempt charges when the U.S. Attorney declines to prosecute. 2. Whether these judicial appointments violate the Constitution's Appointments Clause.
What the Court decided
Holding
Petition DENIED. Justice Gorsuch, with whom Justice Kavanaugh joins, dissenting from the denial of certiorari. (Detached Opinion )
The vote
- Majority author
- Neil Gorsuch
What's next
The Supreme Court's action on this petition is complete. The docket record identifies no further Supreme Court step, and the constitutional questions were not decided here.
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: Donziger
Opinion added: Opinion
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Brief added: Petition
More questions
- What did the Supreme Court do in Donziger v. United States?
- It declined to hear the petition (denied certiorari) and did not decide whether courts may appoint prosecutors under the Appointments Clause.
- What did Donziger challenge?
- He challenged courts appointing prosecutors for criminal contempt after the U.S. Attorney declined to prosecute, including under the Constitution's Appointments Clause.
- Did the denial decide who won?
- No. The procedural order did not decide the legal questions or endorse either side's arguments.
- Who disagreed with refusing review?
- Justice Gorsuch disagreed with the refusal, and Justice Kavanaugh signed on to his written disagreement. No vote count is provided.
- What happens next for Donziger v. United States?
- The Supreme Court's action on this petition is finished. The docket record identifies no further Supreme Court step.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.