Mr. Speaker, I rise today to offer sincere condolences to the family, friends, and colleagues of Morton (Mort) Rosenberg, who passed away last month. Mort stands out as one of our strongest and most astute advocates for congressional…
Mr. Speaker, I rise today to offer sincere condolences to the family, friends, and colleagues of Morton (Mort) Rosenberg, who passed away last month.
Mort stands out as one of our strongest and most astute advocates for congressional prerogatives under the Constitution. It is no understatement that every Member of this body--on both sides of the aisle--owes a debt of gratitude to Mort for his tireless and nonpartisan work over his many decades of service, both for the Congressional Research Service (CRS) and after his retirement. I am personally indebted to Mort for his seminal scholarship on Congress's power of inherent contempt, which informed my legislative work on the subject, as reflected in H. Res. 136, which I introduced in the 118th Congress to amend House Rules with respect to the enforcement of committee subpoenas to executive branch officials.
Mort was born in Brooklyn, New York, in 1935, graduated from New York University and Harvard Law School, and completed his Ph.D. at Johns Hopkins University. From 1972 to 2008, Mort worked at CRS as a Specialist in American Public Law in the American Law Division. During his career at CRS, he was detailed as legal counsel to a special investigative committee and served as a legal advisor to the House General Counsel. Following retirement, Mort worked with the Constitution Project, Good Government Now, the Public Company Accounting Oversight Board, and the law firm of Barnett Sivon & Natter. Mort's areas of expertise included constitutional law, administrative law, congressional practice and procedure, and labor law. Some of his most important work focused on the scope of congressional oversight and investigative prerogatives, and the validity of claims of executive and common-law privileges.
During and following his career at CRS, Mort authored and contributed to dozens of significant memoranda, reports, academic articles, testimony, papers, and advocacy pieces. In addition, Mort contributed to federal court litigation, assisting with Supreme Court oral argument preparation in Free Enterprise Fund v. PCAOB (2010), and authoring an amicus brief in NLRB v. SW General (2017), which was cited five times in the majority opinion. He also submitted amicus briefs in congressional oversight cases, including McGahn v. House Judiciary Committee (2020). In 2005, Mort received the 2004-2005 Mary C. Lawton Award for Outstanding Public Service from the American Bar Association's Section of Administrative Law and Regulatory Practice.
In my view, Mort's most important legacy stems from his groundbreaking work on Congress's inherent contempt authority and his proposals for revitalizing its enforcement power as follows:
Congress's Contempt Power: Law, History, Practice, and
Procedure (CRS Report RL34097, co-authored with Todd B.
Tatelman, 2007)
Testimony before the House Committee on Oversight and
Government Reform on the Department of Justice's obligation
to respond to congressional subpoenas (2011)
Testimony before the House Energy and Commerce Committee on
the challenges Congress faces when the executive branch
refuses to recognize contempt citations (2016)
Reasserting Congress's Investigative Authority (R Street
Policy Study No. 103, R Street Institute, July 2017)
Summary of Proposed Inherent Contempt Rule (Good Government
Now, co-authored with William J. Murphy, July 2018)
Why Congress Can Impose Fines for Contempt (Good Government
Now, co-authored with William J. Murphy, August 5, 2018)
Understanding and Confronting the Current Executive
Challenges to Effective Congressional Investigative Oversight
(Good Government Now, July 4, 2018)
Can a Revised Inherent Contempt Procedure Strengthen
Enforcement of House Subpoenas to the Executive Branch? (Good
Government Now, Statement for Panel Discussion, October 19,
2018)
The Road to Effective Enforcement of House Committee
Subpoenas (``Point of Order,'' April 27, 2019)
Proposed Inherent Contempt Procedure Rule for the House
(Good Government Now, 2019)
Above and beyond his impressive body of legal scholarship, Mort was a generous mentor, teacher, and advisor to CRS and congressional staff. In the words of his former CRS colleague (and current Deputy General Counsel of the House Office of General Counsel), Todd Tatelman: Mort was everything you could want in a mentor and teacher. He was a master storyteller, with a steel-trap memory. He would regale anyone who would listen with endless tales of congressional history, recalling meetings, hearings, briefings, and memoranda he wrote on incredibly esoteric subjects with such detail that you had to listen to.
Mort leaves behind an unmatched legacy of family, friends, and colleagues. While Members of Congress may no longer be able to call upon him to testify, write a report, or file an amicus brief on our behalf, we will continue to benefit from his scholarship and wisdom for generations to come.