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Funtatlaguy

(11,878 posts)
Mon Jul 15, 2024, 10:58 AM Jul 2024

So what will Smith and Garlands reaction be?

They should both have steam coming out of their ears.
Of course,, I don’t expect much from milquetoast Merrick but I do expect Smith to be angry. 😡

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So what will Smith and Garlands reaction be? (Original Post) Funtatlaguy Jul 2024 OP
SC's have been used for decades. bucolic_frolic Jul 2024 #1
It's based on the appointments clause and most, if not all, of the other Special Councils kelly1mm Jul 2024 #6
He and his team will appeal it to 11th Circuit who will overturn the order Aviation Pro Jul 2024 #2
What happens at the USSC, cilla4progress Jul 2024 #3
Thomas was the only justice suggesting the SC was not properly appointed. Qutzupalotl Jul 2024 #4
Yes, but that will take a while Polybius Jul 2024 #7
Does Smith need Garland's permission to appeal? Bettie Jul 2024 #5

bucolic_frolic

(55,136 posts)
1. SC's have been used for decades.
Mon Jul 15, 2024, 11:01 AM
Jul 2024

How does this dismissal fly? Kind of calls into question all the other SC's.

 

kelly1mm

(5,756 posts)
6. It's based on the appointments clause and most, if not all, of the other Special Councils
Mon Jul 15, 2024, 11:40 AM
Jul 2024

had been confirmed for some role by the Senate. Jack Smith never had been. Why the Senate didn't confirm him? Who knows. Probably because nobody really saw it as an issue till it was too late.

Aviation Pro

(15,578 posts)
2. He and his team will appeal it to 11th Circuit who will overturn the order
Mon Jul 15, 2024, 11:01 AM
Jul 2024

And dismiss Cannon.

Qutzupalotl

(15,823 posts)
4. Thomas was the only justice suggesting the SC was not properly appointed.
Mon Jul 15, 2024, 11:18 AM
Jul 2024

The SCOTUS as a whole likely would not support that conclusion. But appealing would cause delay, which seems to be the play here.

Hopefully Smith can get the 11th to remove Cannon, and proceed.

Bettie

(19,704 posts)
5. Does Smith need Garland's permission to appeal?
Mon Jul 15, 2024, 11:20 AM
Jul 2024

Because appealing might look "political" to Garland.

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