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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWill 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?
Irish_Dem
(81,833 posts)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.)
bluestarone
(22,305 posts)They accept, we're in deep doodoo.
Irish_Dem
(81,833 posts)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)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)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 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.
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.
Silent Type
(12,412 posts)Emile
(42,591 posts)Oldvet
(95 posts)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