United States Catholic Conference v. Abortion Rights Mobilization, Inc.

487 U.S. 72, 108 S. Ct. 2268, 101 L. Ed. 2d 69, 1988 U.S. LEXIS 2788, 11 Fed. R. Serv. 3d 463, 56 U.S.L.W. 4672, 62 A.F.T.R.2d (RIA) 5054
Supreme Court of the United States·Decided June 20, 1988·No. 87-416·Published·Cited by 225 cases

Opinions

Justice Kennedy

delivered the opinion of the Court.

The petitioners are the United States Catholic Conference and the National Conference of Catholic Bishops. Both organizations were held in civil contempt for failure to comply with subpoenas duces tecum issued by the United States [74] District Court for the Southern District of New York. The Conferences objected to issuance of the process, arguing, inter alia, that the District Court lacked subject-matter jurisdiction in the underlying suit. The Court of Appeals for the Second Circuit rejected this argument, ruling that a nonparty witness’ jurisdictional challenge is limited to a claim that the District Court lacks even colorable jurisdiction, a standard not met here. We granted certiorari to resolve whether a nonparty witness may defend against a civil contempt adjudication by challenging the subject-matter jurisdiction of the district court. 484 U. S. 975 (1987). We hold the nonparty witness may raise such a claim, and now reverse.

I

In the underlying action, Abortion Rights Mobilization, Inc., and others (ARM) sued to revoke the tax-exempt status of the Roman Catholic Church in the United States. ARM alleged that the Conferences had violated the rules governing their tax-exempt status by participating in. political activities.* Specifically, ARM claimed that “the .Roman Catholic [75] Church in the United States , in violation of the clear language and intent of the anti-electioneering provision of 26 U. S. C. § 501(c)(3), has engaged in a persistent and regular pattern of intervening in elections nationwide in favor of candidates who support the Church’s position on abortion and in opposition to candidates with opposing views.” Brief for Respondents 7-8. The Conferences were originally named as parties to this suit, but were later dismissed, leaving the Secretary of the Treasury and the Commissioner of Internal Revenue as the sole defendants.

ARM served subpoenas on the Conferences in 1983, seeking extensive documentary evidence to support its claims. A series of court orders to produce, intertwined with other procedural motions, were followed by objections and refusals. These matters were extensively reported by the District Court. See Abortion Rights Mobilization, Inc. v. Regan, 544 F. Supp. 471 (1982) (ARM I); Abortion Rights Mobilization, Inc. v. Regan, 552 F. Supp. 364 (1982) (ARM II); Abortion Rights Mobilization, Inc. v. Regan, 603 F. Supp. 970 (1985) (ARM III); Abortion Rights Mobilization, Inc. v. Baker, 110 F. R. D. 337 (1986) (ARM IV). After the Conferences informed the court that they could not “in con-' science, comply with the subpoenas in question,” the court, which had made detailed orders including orders limiting discovery at the behest of the Conferences, found the Conferences in civil contempt. ARM TV, supra, at 337. The court assessed fines of $50,000 against each Conference for each day of further noncompliance. The Court of Appeals affirmed, stating that “the witnesses have standing to question only whether the District Court has a colorable basis for exercising subject matter jurisdiction . . . .” In re United States Catholic Conference, 824 F. 2d 156, 158 (1987). The order was stayed pending appeal, and the stay remains in effect.

II.

[76] We hold that a nonparty witness can challenge the court’s lack of subject-matter jurisdiction in defense of a civil contempt citation, notwithstanding the absence of a final judgment in the underlying action. Federal Rule of Civil Procedure 45 grants a district court the power to issue subpoenas as to witnesses and documents, but the subpoena power of a court cannot be more extensive than its jurisdiction. It follows that if a district court does not have subject-matter jurisdiction over the underlying action, and the process was not issued in aid of determining that jurisdiction, then the process is void and an order of civil contempt based on refusal to honor it must be reversed. As we observed in United States v. Morton Salt Co., 338 U. S. 632, 642 (1950), “[t]he judicial subpoena power not only is subject to specific constitutional limitations, . . . but also is subject to those limitations inherent in the body that issues them- because of the provisions of the Judiciary Article of the Constitution.” Therefore, a nonparty witness may attack a civil contempt citation by asserting that the issuing court lacks jurisdiction over the case.

The right of a nonparty to appeal an adjudication of contempt cannot be questioned. The order finding a nonparty witness in contempt is appealable notwithstanding the absence of a final judgment in the underlying action. United States v. Ryan, 402 U. S. 530, 532 (1971); Cobbledick v. United States, 309 U. S. 323, 328 (1940). Once the right to appeal a civil contempt order is acknowledged, arguments in its legitimate support should not be so confined that the power of the issuing court remains untested. We are not confronted here with a nonparty witness attempting to challenge its civil contempt by raising matters in which it has no legitimate interest, for instance the District Court’s lack of personal jurisdiction over the parties or a limitations statute that would compel dismissal of the action. As to such matters, even if it were ultimately determined that the court [77] should not have allowed the suit to proceed, the order or process it issued in the conduct of the litigation would still be valid.

The challenge in this case goes to the subject-matter jurisdiction of the court and hence its power to issue the order. The distinction between subject-matter jurisdiction and waivable defenses is not a mere nicety of legal metaphysics. It rests instead on the central principle of a free society that courts have finite bounds of authority, some of constitutional origin, which exist to protect citizens from the very wrong asserted here, the excessive use of judicial power. The courts, no less than the political branches of the government, must respect the limits of their authority.

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United States Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U.S. 72, 108 S. Ct. 2268, 101 L. Ed. 2d 69, 1988 U.S. LEXIS 2788, 11 Fed. R. Serv. 3d 463, 56 U.S.L.W. 4672, 62 A.F.T.R.2d (RIA) 5054 (1988).

487 U.S. 72 (United States Catholic Conference v. Abortion Rights Mobilization, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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