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The DC Circuit Is Presented With Three Overlapping Questions
The three questions that go to the DC Circuit are first whether the DC Circuit even has jurisdiction to hear the case and we don't get oral arguments on this point. The second question is whether this so-called investigative fact-finding counts as legislative activity when it hasn't been formally authorized by a sub component of Congress like a committee. Before you get to the third, so that's basically like a member of Congress informally chatting with somebody and saying that this is fact-gathering for purposes of potential legislation, which is in some circumstances completely plausible.