The U.S. Supreme Court declined to hear Steven Donziger’s appeal on March 27, 2023. Justice Neil Gorsuch, joined by Justice Brett Kavanaugh, dissented from the decision.
Donziger’s criminal-contempt prosecution followed his refusal to comply with orders in litigation involving Chevron. After the U.S. attorney declined to prosecute, the district court appointed private attorneys to pursue the contempt charges. Donziger was convicted and sentenced to six months in prison.
The appeal raised a constitutional question about who could appoint and supervise the prosecutors. Gorsuch argued that the Court should examine the separation-of-powers implications of a judge appointing prosecutors after the executive branch had declined the case.
The denial left the lower-court judgment in place. It was not a Supreme Court opinion resolving the constitutional issue on its merits.
