NEWS: The MCGAHN appeals court panel says the House has no legal ability to enforce subpoenas because there is no law on the books allowing it.

It may do so, but Congress must pass a law first, the panel says.

This is an earth-shattering ruling that says the House essentially has no subpoena power.

It's a 2-1 decision, with the dissent saying that the House's ability to enforce subpoenas is implied in the constitution.

The full ruling and dissent: https://www.politico.com/f/?id=00000174-4582-d403-aff7-6dc334410000

NEW: The House is all-but-certain to appeal a 2-1 appeals court ruling that basically says it can't enforce subpoenas without first passing a law to allow it. https://www.politico.com/news/2020/08/31/dc-circuit-panel-kills-house-subpoena-power-406140

Another way to read this ruling: The House's options for enforcing a subpoena are limited to its inherent contempt power -- which includes fining and jailing those who refuse to comply.

The House has long argued it would be problematic to make this its only recourse.

JUST IN: PELOSI says the House will "immediately" appeal the new McGAHN ruling and seek a full en banc rehearing by the full court of appeals.

PELOSI: "This wrong-headed Court of Appeals panel ruling threatens to strike a grave blow to one of the most fundamental Constitutional roles of the Congress: to conduct oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas."

JUST IN: Not wasting any time, DOJ has filed the McGahn decision in its case seeking to block a House subpoena for Census docs. Shows why the initial ruling would be so devastating to congressional oversight if it stands.

DOJ, filing on behalf of the Commerce Department, says that the new opinion shows:

"a committee of the House of Representatives lacks a cause of action to enforce its subpoenas against the Executive Branch."