Looks like Trump's tax returns are gonna be up to Boof Boy. I LIKE BEER!!!!

[Miles Archer]

Last month, the 2nd U.S. Circuit Court of Appeals granted Trump’s attorneys a temporary stay after U.S. District Judge Victor Marrero ruled that Trump was making a “categorical and limitless assertion of presidential immunity” in two cases where women who said they had affairs with Trump were paid hush money.

On Monday, the 2nd U.S. Circuit Court of Appeals ruled that Manhattan District Attorney Cyrus R. Vance Jr. can move forward with his case and subpoena Trump’s tax records.

“We conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non‐privileged material, even when the subject matter under investigation pertains to the President,” the ruling said.

Trump attorney Jay Sekulow has vowed to take the case to the Supreme Court.

https://www.rawstory.com/2019/11/bombshell-appeals-court-ruling-says-ny-district-attorney-can-subpoena-trumps-tax-returns/

[shanti]

1. Actually, Roberts will be the deciding vote

We know how O'Kavanaugh will vote, or the Supremes could just decide to not even take it up. If they're smart, they'll do the latter.

[Kaleva]

5. Kavanaugh usually votes with Roberts

Freepers call Kavanaugh a "Roberts Mini-Me".

[drray23]

2. Not really.

Justice Ginsburg will decide if it ever gets on the docket. She might reject it outright and let the ruling stand.

[vsrazdem]

4. LOL. Sorry, didn't see you post before I did mine.

[shanti]

7. You're right

I just read that Ginsburg would be the one to hear an emergency appeal from NY.

[rsdsharp]

16. That's not how this works.

I'm assuming Trump will ask the 2nd Circuit to hear the case en banc, if for no other reason than to delay matters. Assuming the the court en banc affirms, Trump would seek cert. It takes four votes from the Supreme court members t grant cert and hear the case. Ginsburg could refuse a stay, but she can't stop it from going to the Supreme Court on her own.

[NewJeffCT]

25. According to the article I read

Team Trump thinks the next step is SCOTUS

[rsdsharp]

31. It can be, but today's ruling was by a three judge panel.

The Court can decide sua sponte to hear the case en banc, or grant a motion from Trump to do so. If Trump doesn't want en en banc hearing, he can ask the Supreme Court to grant cert. He has no right of direct appeal to the Supreme Court.

[StarfishSaver]

19. She decides whether to grant an emergency stay, but the whole Court votes on whether to grant cert

It's not only up to one Justice whether the Court takes up an appeal.

[drray23]

40. Do you think it's likely the case will be taken by the supreme court ?

Given that all three courts agreed ( I think it was 3 so far ?) Would the supreme court want to weigh in ? How often does this happen ?

[StarfishSaver]

41. As I just noted in anOP, I think the appeals court made it less likely that the Supreme Court will

take the case.

It so narrowly restricted its ruling to a very tight and specific issue that the Court may easily find that it presents no serious question of federal law that needs to be settled by the Supreme Court, one of the criteria it uses to determine whether to grant cert.

The court explicitly said it was staying far away from broad questions of the far-ranging presidential immunity raised by Trump, but instead ruled only on the question of "[W]hen, if ever, a county prosecutor can subpoena a third‐party custodian for the financial and tax records of a sitting President, over which the President has no claim of executive privilege."

The court answered that very specific question with a pretty simple "No."

"[A]ter reviewing historical and legal precedent, we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non‐privileged material, even when the subject matter under investigation pertains to the President."

The court didn't give Trump's attorneys much to appeal nor did it give the Supreme Court much it has to review.

Of course, the Supreme Court can take any case it wants and can rule as broadly or as narrowly as it likes. But I think the Second Circuit gave the Court a very easy out here that makes it less likely the Court will take the case.

But who knows?

[vsrazdem]

3. The circuit judge is RBG. She will decide if it moves forward to the full supreme court.

[jcgoldie]

6. You are saying RBG can shoot down the appeal to SCOTUS on her own?

Would they have any other recourse?

[drray23]

9. That's how it works. Each supreme is responsible for

Certain circuit courts. They bring it forward to the full supreme court if they think there is merit. In this case all three courts ruled the same way already.

[jcgoldie]

11. Thanks!

[Skraxx]

12. Yup, No Merit, The Law is Basically Settled on These Issues

[StarfishSaver]

20. No. It doesn't work that way

As the Circuit Justice for the Second Circuit, she can decide such things as emergency stays. But she can't single-handedly decide whether or not the Court will hear an appeal. That is decided by the full Court - four of the Justices must vote Yes.

[OliverQ]

35. If 4 other judges want to hear the case, it will be heard

even if RBG opposes hearing it.

[StarfishSaver]

42. Exactly. RBG has no greater say in this than any other Justice. Her role as the Circuit Justice

is separate from and irrelevant to the issue of certiorari.

[vsrazdem]

13. The circuit court judge will usually forward the case to a 4 judge panel, who will decide whether

the case will be heard by the full court.

[StarfishSaver]

29. No. It doesn't work that way!

Please see my other posts on this.

You're conflating the Circuit Justices' authority over interlocutory matters and the Court's determination of whether to hear an appeal (granting certiorari). But they're two separate things and the Circuit Justice doesn't rule on certiorari petitions - that is decided by the Court and the Circuit Justice has no say in it other than to cast one of the nine votes for or against cert.

[exboyfil]

15. I thought it only took four to bring it before the SC?

[Skraxx]

10. Oooooh, I Like The Odds!

[vsrazdem]

17. I am sure she will send it onto the full 4 panel judges, just ouf of the appearance of fairness, but

I would actually be surprised if the full court takes it up. It is a pretty cut and dry case.

[StarfishSaver]

26. No. She doesn't send it to the panel. The entire Court considers all petitions for cert

As Circuit Justice for the Second Circuit, Ginsburg hears interlocutory matters, such as emergency stays, etc. But she doesn't decide whether a case can be appealed and appeals are not taken to her.

A petition for appeal or "certiorari" is filed with the full Court and the full Court considers it. If four Justices agree, the Court takes the appeal. If not, the lower Court's ruling stands.

Ginsburg does not and cannot decide on her own whether the case can be appealed.

[vsrazdem]

30. Yes,

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.

I would be surprised if they decide to hear this case, as there is really nothing new here, but you never know.

[StarfishSaver]

32. Yes. But the circuit justice doesn't refer appeals to the court

[SWBTATTReg]

8. Why would the Supreme Court even hear the case? rump himself doesn't have to provide ...

anything, just the accounting firm...there was another DU article on this earlier today...
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
Breaking News! Trump loses New York Tax Case on Appeal [View all]

He's likely to appeal it to the Supreme Court.

https://www.cnbc.com/2019/11/04/trump-loses-appeal-of-new-york-tax-returns-case.html

[empedocles]

14. MSNBC top chyron, 'IMPEACHMENT: WH IN CRISIS'

[lower chyron changes much faster, top chyron lasted much longer]

[Yo_Mama_Been_Loggin]

18. Beer bong Brett?

[The Velveteen Ocelot]

21. Boof Boy is one out of nine. He won't be making the decision.

[Miles Archer]

23. I know...I imagined Trump thinking "Kavanaugh will save me."

I'm sure that just as he sees Barr as "HIS Roy Cohn," he sees the Supremes as "HIS court."

Rude awakening, anyone?

[The Velveteen Ocelot]

24. Sooner or later the Supremes are going to rule against him in some case.

When it happens, I hope Roberts assigns the opinion to either Kavanaugh or Gorsuch. We'd get to see an epic Twitter rant in which Fat Nixon threatens to fire them.

[Turbineguy]

28. Kavanaugh may want to be careful

if he works for trump he'll end up impeached and out of his cushy job and lose all those VIP parking spots.

[Vinca]

33. I hope they don't take the case and let the appeals court ruling stand.

[StarfishSaver]

34. That would be great

[bluestarone]

36. Will we know by todays end if they appeal it?

They didn't block the release,(i'm thinking) so i'm assuming they need to appeal soon right?

[StarfishSaver]

37. They have 90 days to file an appeal

[bluestarone]

38. tks

[StarfishSaver]

39. YW

[Demsrule86]

43. No they won't if Thomas is not back...4-4means lower court ruling stands.

Is Thomas still out ? I couldn't find out on google. I think Roberts is the deciding vote though.