Peter Navarro asks Supreme Court to let him avoid reporting to prison next week

[onenote]

67. They have to act quickly or it becomes moot. Absent a stay, Navarro has to report to jail on Tuesday.

The Court gave the government until Monday at 2 pm to file its opposition to Navarro's application. I expect that before Monday is out the Court will grant an "administrative" stay delaying the date on which he is required to report to jail in order to allow the Court to consider his application and the government's opposition and possibly to give Navarro an opportunity to reply to the government's opposition.

Procedurally, the immunity case and this one are in different postures. The relief requested by Navarro becomes meaningless if it his application isn't acted on, one way or another, before Tuesday. And unlike the immunity case, where the court of appeals already had ruled on the underlying appeal, the court of appeals has not done so here. As a result, the Court isn't likely to treat the application for stay as a petition for certiorari to jump over the court of appeals and hear Navarro's challenge to his conviction. There won't be a "hearing date" set on Navarro's application -- it will be granted or denied based on the application, opposition and, possibly, reply.