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Bernardo de La Paz

(60,320 posts)
Sun Feb 4, 2024, 09:59 PM Feb 2024

"Delays" of Courts on Immunity/A14s3 might speed up the big picture

An idea unheard by me, but I somehow thought of it. Probably somebody more educated in the law has thought of it and written it up too but whether or not they have then shot it down I could not know.

There's a reason, I think, for the seeming "delays" in the rulings, ... a reason beyond Alito-proofing them.

By making iron-clad air-tight appeal-proof rulings in detail, it could be strong enough to cause the Supreme Court to simply accept the lower Court's judgement and decline to hear it. That would really speed things up compared to a slightly wobbly ruling with a few points to attack on appeal. If the two cases go to the Supreme Court on appeal, that will add months to the process for submissions, oral arguments, and then deliberation and conferencing.

Thoughts?

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"Delays" of Courts on Immunity/A14s3 might speed up the big picture (Original Post) Bernardo de La Paz Feb 2024 OP
Fingers crossed that this happens. The 6 SCOTUS magats might just be hesitant to take on... brush Feb 2024 #1
That's a good angle Bernardo de La Paz Feb 2024 #3
I've been of similar mind for a while Sympthsical Feb 2024 #2
Yes. I bet Immunity gets shut down unanimously & Supremes won't take it Bernardo de La Paz Feb 2024 #4
I think they have to take the A14s3 case Sympthsical Feb 2024 #7
I suspect they'll use "not convicted' as the excuse, but... tinrobot Feb 2024 #8
Possible , but I wouldn't bet on it. republianmushroom Feb 2024 #5
Yeah, I wouldn't bet on it either, especially since it's my half-baked idea! . . . . nt Bernardo de La Paz Feb 2024 #6
I expect the SC Bludogdem Feb 2024 #9
 

brush

(61,033 posts)
1. Fingers crossed that this happens. The 6 SCOTUS magats might just be hesitant to take on...
Sun Feb 4, 2024, 10:11 PM
Feb 2024

such consequential rulings because of the tremendous backlash they've gotten from the Dobbs ruling. They know their credibility is at record lows in the nation.

Bernardo de La Paz

(60,320 posts)
3. That's a good angle
Sun Feb 4, 2024, 10:48 PM
Feb 2024

By dodging, the Supreme Court would avoid getting stuck to the flypaper, tar pit, glue trap, etc.

Sympthsical

(10,969 posts)
2. I've been of similar mind for a while
Sun Feb 4, 2024, 10:31 PM
Feb 2024

The Supreme Court already has to involve itself with the 14th Amendment issue.

I don't think they want to touch the immunity case. And I think this is known to the district court. Sure, it only takes four of the assholes to take the case, but I don't think they want this one. If they're elbow deep all over the place in the election, it's a bad look. And I guarantee it's not a look Roberts wants. Roberts hates Trump anyway.

I think the SC would love it if the District Court's ruling is ironclad, and they just respond, "Welp, there ya go."

Bernardo de La Paz

(60,320 posts)
4. Yes. I bet Immunity gets shut down unanimously & Supremes won't take it
Mon Feb 5, 2024, 08:28 AM
Feb 2024

The A14s3 case seems to be lodged directly with the SC (I missed that point). At least, I read a submission by historians directly to the SC.

I wouldn't be surprised if they take up the eligibility case (A14s3) but I think tRump is going to be out of luck. I think at least one of his appointees will rule against him and he will lose.

magas will lose their minds and a few will become extremely dangerous. Others will become very belligerent and excrete lots of troublesome shit.

Sympthsical

(10,969 posts)
7. I think they have to take the A14s3 case
Mon Feb 5, 2024, 04:26 PM
Feb 2024

Too many states are deciding for themselves what a Constitutional Amendment means. And it's not a consistent application. Some say it's disqualifying, others don't. Some have courts managing it, some have state officials.

The Court isn't going to like that, conservative or liberal.

When it comes to something like the plain meaning of a Constitutional Amendment, they like clarity. And they very much like themselves to be the issuer of that clarity. Even if you strip away the legal considerations, those are nine people with egos who do not like it when other bodies encroach on their territory, and the 14th issue is very much that.

As for what they'll rule. One never knows. I just have this feeling they're going to get into due process. It'll be a pat "He wasn't convicted," and that will be that. I've read a lot of the arguments against, but I'm talking purely from what I observe from the Court. I read a lot of their decisions and listen to audio of the arguments sometimes. I think I have a vague sense of them, and I think you'll get at least five conservatives arguing due process needs to be observed.

tinrobot

(12,062 posts)
8. I suspect they'll use "not convicted' as the excuse, but...
Mon Feb 5, 2024, 04:34 PM
Feb 2024

..."aid and comfort" does not equal "conviction". There's so much wiggle room for them.

With him practically destroying the GOP and his dictator aspirations, I could see them ruling against him just to shut him down. It would renew their reputation somewhat so they can get down to their real work - turning the country into an oligarchy instead of a dictatorship.


 

Bludogdem

(93 posts)
9. I expect the SC
Mon Feb 5, 2024, 10:01 PM
Feb 2024

to take a pass on the immunity case and expect them to overrule the Colorado SC. tfg will be on ballots in all 50 states.

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