Full DC federal appeals court to hear McGahn and border wall cases in major separation-of-powers showdown

The court said Friday it will rehear the House's appeal for former White House counsel Don McGahn's testimony, erasing the court's previous decision that judges can't resolve standoffs over subpoenas between the executive branch and Congress.

The order on Friday revives a major case that has allowed the White House to block congressional testimony from its former and current officials, a sticking point during President Donald Trump's impeachment proceedings. A panel of three judges had previously ruled 2-1 that the courts did not have the ability to decide in the case.

The appeals court also said Friday that the full court will consider legal questions related to a fight between Congress and the administration over border wall funding, putting the DC Circuit Court of Appeals front and center in two major separation-of-powers disputes.

In both cases, the court will weigh whether the judiciary can get involved in fights between the other branches of government, according to the court's order on Friday.

Nine judges on the DC Circuit voted to rehear the McGahn case and to put the border wall case before the full court.

Two judges appointed by Trump -- Greg Katsas and Neomi Rao -- did not weigh in on the vote to rehear the McGahn case and may be recused when the case is heard by the full circuit court. Even with them, the 11-judge court has more appointees from Democratic administrations than Republican administrations.

This is a breaking story and will be updated.