Scalia’s Wolf Looms in Decision Upholding Mueller Probe

The D.C. Circuit cited curious support for its rejection of a constitutional challenge to the appointment of Robert Mueller to investigate possible links between the Trump campaign and Russia—a 1988 dissent by Justice Antonin Scalia arguing that a similar appointment was unconstitutional.

The conservative icon’s lone Morrison dissent—though still not the law of the land—has become legendary. It’s “one of the greatest dissents ever written and every year it gets better,” Obama-nominee Justice Elena Kagan said more than 30 years after it was handed down.

The memorable dissent argued that the appointment of an independent counsel ran afoul of the ...