This is the whole post if you don't want to click.
Here is the engineering that the Appeals Court panel has tried to set in motion with its 6 day period for Trump to apply for a Stay and stop the trial in DC.
As soon as he does, SCO Smith is going to ask SCOTUS to treat the Application for Stay as if it is a Cert Petition, and agree to either take up the case or not take up the case.
That will accelerate the timeline for getting the case back to the District Court for purposes of trial.
It will also put pressure on SCOTUS to hear the case either before the end of the current session in June -- potentially even to set it on a much accelerated time frame over the next 4-6 weeks.
It is really a gamble by Smith and the Court panel that there are now 5 votes on SCOTUS who want to see a Trump trial prior to the Nov. election, and those 5 votes will act to make that happen, i.e., they already plan to deny the immunity claim, so the faster that can happen, the better.
If there are not 5 votes on SCOTUS now, then SCO Smith and the Appeals Court are trying to smoke that out too.
I'm just not convinced there are 5 Justices who want to be drawn into the calendar machinations that the lower court participants want them to engage in. The more defensible position if they want to remain above the fray is simply treat the case as they would any other -- handle it all with normal scheduling.
Ed Meese was part of the group American Oversight that filed an amicus brief with this argument to the DC Appeals Court as part of Trump's appeal that they just ruled on. I don't think there's been a vehicle for this line of challenge to be presented to the Supreme Court yet.
This is the whole post if you don't want to click.
As soon as he does, SCO Smith is going to ask SCOTUS to treat the Application for Stay as if it is a Cert Petition, and agree to either take up the case or not take up the case.
That will accelerate the timeline for getting the case back to the District Court for purposes of trial.
It will also put pressure on SCOTUS to hear the case either before the end of the current session in June -- potentially even to set it on a much accelerated time frame over the next 4-6 weeks.
It is really a gamble by Smith and the Court panel that there are now 5 votes on SCOTUS who want to see a Trump trial prior to the Nov. election, and those 5 votes will act to make that happen, i.e., they already plan to deny the immunity claim, so the faster that can happen, the better.
If there are not 5 votes on SCOTUS now, then SCO Smith and the Appeals Court are trying to smoke that out too.
I'm just not convinced there are 5 Justices who want to be drawn into the calendar machinations that the lower court participants want them to engage in. The more defensible position if they want to remain above the fray is simply treat the case as they would any other -- handle it all with normal scheduling.
Whatever happened to Smith being illegal? He shouldn’t be still allowed to be doing his shit.
Ed Meese was part of the group American Oversight that filed an amicus brief with this argument to the DC Appeals Court as part of Trump's appeal that they just ruled on. I don't think there's been a vehicle for this line of challenge to be presented to the Supreme Court yet.
I don’t find SCOTUS to be acting at all rational recently, so whatever may make the most sense doesn’t make them more likely to do it.