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mnmoderatedem

(3,910 posts)
Mon Feb 12, 2024, 07:58 PM Feb 2024

Will SCOTUS hear trump's immunity case?


It was slapped down in no uncertain terms in the appeals count:

“lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct.”

6-3 conservative majority of course, but I think the case is so absurd that there is a good chance it won't be heard.

Am I being overly optimistic?
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Irish_Dem

(81,833 posts)
1. Glenn Kirschner says he hopes the SC won't hear the case, but they might want to be the big dogs
Mon Feb 12, 2024, 08:04 PM
Feb 2024

and put forth their "wisdom" on this issue for future generations to appreciate.

(I put wisdom in quotes because wisdom is in obvious short supply on the SC.)

Irish_Dem

(81,833 posts)
9. No, Glenn says they might agree with the appeals court, but just want to be the top dogs
Mon Feb 12, 2024, 08:35 PM
Feb 2024

and issue their own pearls of wisdom essentially saying the same thing the lower court said.
But they want to be the ones to say it and be remembered for it.

So it may not be necessarily bad news if they accept the case.

bucolic_frolic

(55,421 posts)
2. Appeals Court was so thorough I don't know what SCOTUS would accomplish by ruling
Mon Feb 12, 2024, 08:06 PM
Feb 2024

Waste of SCOTUS resources, to poll the 7-2 Court, and assert some opinions. There is 14A to deal with.

"I request immunity for everything I've ever done or could do, please?" It's like a plenary indulgence.

dutch777

(5,090 posts)
3. Yeah, can see Alito and Thomas itching to let that RW freak flag fly as they have been penned in so long.
Mon Feb 12, 2024, 08:08 PM
Feb 2024

The lower court was thankfully so damn thorough and clear in its opinion AND unanimous in it. But I don't trust SCOTUS much or Roberts to corral bad intents and foolish hubris and ego.

getagrip_already

(17,802 posts)
4. Magic numbers.....
Mon Feb 12, 2024, 08:08 PM
Feb 2024

4 to hear oral arguments.

5 to issue a stay. Issuing a stay means the 5 believe there is a better than average chance the appellate court will be over ruled on one or more key points.

Stinky's lawyers threw a curve ball though and are asking for a stay so they can first request an en banc appeal of the appellate court, before scotus takes up arguments.

Delay, delay, delay.

rso

(2,676 posts)
5. RSO
Mon Feb 12, 2024, 08:10 PM
Feb 2024

Another distinct possibility is that SCOTUS hears the case, but lifts the stay, which is just as good for Smith as SCOTUS refusing to hear the case because Judge Chutkan can then proceed with trial preparations.

Oldvet

(95 posts)
10. Yes they will grant cert
Mon Feb 12, 2024, 08:50 PM
Feb 2024

And the DCCA ruling isn't as bulletproof as the media is making us believe. This entire event has had horrid reporting.

Heck - the 3 opinions on the DCCA ruling differs to the point not a single justice put their name on it.

I don't think Trump will get immunity / but this will drag out until after the election.

I think SCOTUS will also highly consider the 1A argument - and perhaps the Meese amicus brief can of worms will be open

If scotus decides to take the Meese brief into consideration, they could use that as an off ramp to throw the whole trial out, and not have to rule on immunity one way or the other.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

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