In Tax Notes, Mary Katherine Browne reports as follows:
Six private practice attorneys have been asked to weigh in on whether subject matter jurisdiction exists in a $10 billion lawsuit that would allow a court to adjudicate the president’s case against his own government.
In an April 29 order, Judge Kathleen M. Williams of the U.S. District Court for the Southern District of Florida asked attorneys from Debevoise & Plimpton LLP, Munger Tolles & Olson LLP, and Selendy Gay PLLC to serve as “friends of the court” and weigh in on whether the president’s lawsuit in Trump v. IRS meets the case and controversy requirement under Article III.
Williams recently scheduled a May 27 hearing on the matter, expressing concern over whether the parties were sufficiently adverse to each other and noting that President Trump is a sitting president who controls the federal government. The government has yet to file an appearance or response to the president’s lawsuit and missed its April 20 deadline to answer the complaint.
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