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onenote

(42,688 posts)
Thu Jul 9, 2020, 10:28 AM Jul 2020

THESE CASES ARE NOT OVER -- FURTHER PROCEEDINGS REQUIRED.

Yes Trump's absolute immunity argument was rejected. But both cases have been remanded. So more proceedings, and more delay.

From SCOTUSBLOG: The Court has vacated the decisions below in Mazars, and it holds that congressional subpoenas may be enforceable but that the courts below did not take account of all the possible separation of powers concerns. The case will this go on. So this issue is back in the hands of the DC and Second Circuits for now.

17 replies = new reply since forum marked as read
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uponit7771

(90,335 posts)
7. +1, which is the king in the US constitution on abuse of power; they courts can take their ever ...
Thu Jul 9, 2020, 10:33 AM
Jul 2020

... loving time ruling against a tyrant.

Laelth

(32,017 posts)
3. Infuriating! Weak! Cowardly!
Thu Jul 9, 2020, 10:31 AM
Jul 2020

These issues have been FULLY litigated. It was time for the SCOTUS to stand up and rule. Instead, they punted. How many more briefs do they want to read? Seriously?



-Laelth

Laelth

(32,017 posts)
15. I think she made what she considered to be a rational bargain.
Thu Jul 9, 2020, 10:50 AM
Jul 2020

I don’t know the specifics of that bargain, but I assume she is sane and that her heart is in the right place.

The left is in the minority on the Court. The Court could have overturned the rulings in both cases (one from the 2nd Court of Appeals and one from the DC Circuit). It could have been worse. Like everything else in this complicated and unwieldy republic, I assume that today’s rulings are the result of compromise.

But I still don’t like the idea that the executive can defy Congress, and I would have preferred it if the SCOTUS had said so, boldly and unequivocally. That’s not what I got today, and I don’t think that more briefs are going to change anything.

I doubt that RGB thinks these rulings are “right,” per se. These are the rulings she could get, and that will have to do.

-Laelth

onenote

(42,688 posts)
17. RBG isn't shy. If she had more to say, she would have written a concurring opinion indicating
Thu Jul 9, 2020, 11:17 AM
Jul 2020

tbat she would have gone further.

cbdo2007

(9,213 posts)
5. Yes, they are both getting kicked back down to the lower courts...
Thu Jul 9, 2020, 10:31 AM
Jul 2020

for clarification and more discussion, which is fair, though doesn't fit our timeline for the election.

On the congress case, it isn't "can congress see the President's tax records, yes or no..." it is "can congress see the tax records in x instance, yes or no"

unblock

(52,191 posts)
6. right. nothing politically explosive in these matters will emerge before the election.
Thu Jul 9, 2020, 10:32 AM
Jul 2020

in principle, we won this case. but in practice, all donnie needed was a 4-month delay, and he got it.

ScratchCat

(1,980 posts)
9. I told anyone who would listed
Thu Jul 9, 2020, 10:34 AM
Jul 2020

That this is exactly how it would shake down - rule against Trump but kick it back to the lower courts so he can run out the clock on his Presidency(once he isn't POTUS, their reason for getting them expires).

I'm glad we have 7 Justices on record about no absolute immunity for the Executive, though. That's encouraging.

Sgent

(5,857 posts)
16. The NY case
Thu Jul 9, 2020, 10:53 AM
Jul 2020

puts him in big time legal jeopardy. Assuming he loses the election we could see him do a perp walk if he did everyone thinks (deduct payments to Stormy Daniels on his state taxes).

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