So, assuming Trump appeals the release of the Mueller report to the Supreme Court...

[OAITW r.2.0]

What are the chances that the Republican members of the SC will uphold the Constitution / Rule of Law or say, Screw it, lets get this American experiment over and install DJT as the Deciderer of who breaks the law and who doesn't.

[StarfishSaver]

1. I think the chances are very good that a majority will uphold the lower court

[Jarqui]

4. I'm not convinced they'll even consider it

It's something like the Executive branch asking to grab power from the Legislative branch (to curtail oversight) and the Judicial branch (to curtail what the courts may consider for evidence) without any basis in the Constitution to do so.

[StarfishSaver]

8. True. They may not even take it up

[TwilightZone]

5. Agreed.

Impeachment is pretty clearly within the purview of the House. I'm not sure the SC, even in its current form, is about to muddy the waters there.

Roberts is also concerned about the legacy of his court. That's been apparent for a while now, especially since Kavanaugh joined. I suspect he would vote with the majority to avoid any rulings that would be particularly egregious. Assuming they even take up the case in the first place.

[2naSalit]

2. They have to

grant certiorari first, which means they have to agree to hear the case. That has to happen first, hopefully they will choose not to get involved.

[SWBTATTReg]

3. I don't think the supreme court will hear the case...nothing unusual about it and thus, will ...

leave the lower court's judgment (to release the Mueller Rpt) against the DOJ stand. Thus there will be no where else to go other than to release the report. Better send some cops to Barr's house though, because I suspect that he's going to bolt the Country once the full blown Mueller report and attachments/etc. are released and people see the true scope of what Barr was attempting to conceal and/or hide from the American people.

Scumbag Barr will get his just reward one day...aiding and abetting a criminal.

[onenote]

13. I think you're wrong about that.

It is unusual -- the district court itself acknowledges that there is limited precedent on certain of the issues raised by a request for the disclosure of grand jury information under Section 6(e) in the context of a impeachment investigation. That doesn't mean the district court was wrong or that if the SCOTUS takes the case it would necessarily overturn the district court. In US v. Nixon, the court agreed to take the case and then decided unanimously to uphold the district courts decision denying Nixon's motion to quash a subpoena.

[Delmette2.0]

6. I hope I understand all this correctly.

An appeal can be made only on the merits of the law or merits of opinion by the lower court judge. -45's lawyer has already been discredited on his interpretation of the Constitution and the law.

There is no way the appeal can go forward. Well, unless they have all Trump appointees.

[StarfishSaver]

9. They can appeal to the appellate court and then to the Supreme Court

But while the circuit Court has to take the appeal, the Supreme Court only takes the appeals it wants. If they don't grant certiorari, the appellate court ruling stands.

[OAITW r.2.0]

10. Great info! Encouraging that we a backstop here....

[onenote]

11. Either party can seek to skip the appeals court

by petitioning the SCOTUS for certiorari before judgment. That is procedure followed in the US v. Nixon case where the District Court denied Nixon's motion to quash a subpoena and ordered documents be delivered to the Special Prosecutor. The District Court stayed its order pending review and the SCOTUS agreed to hear the case without it first going to the court of appeals.

The Court might well grant certiorari and decide the case in order to expedite its resolution.

[Delmette2.0]

14. Thank you for your explaination.

I thought I had at least a slim grip on this. I need to collect flow charts of the judicial system, who does what and much much more.
This old bookkeeper is still trying to keep track of everything and not doing a good job of it.

[onenote]

12. You do not understand it correctly.

Trump's lawyer hasn't been "discredited" -- he lost a case at the district court level because the district court disagreed with Trump's reading of the law. On appeal, Trump is free to present the same arguments he made to the district court.

[Delmette2.0]

16. Thanks.

See my reply above. I know i have a lot to learn and I appreciate the input from everyone.

[Buckeyeblue]

7. Not upholding the lower court would end checks/balances

And would effectively neuter the SC, as overturning the lower court decision would effectively say, after this ruling we don't matter.

[Bonhomme Richard]

15. The weaker trump gets the less likely......

they will be willing to bend over backwards and stick their necks out to protect him. That also goes for those in his administration and Congress. His hold is based on his power and the ability to enforce it. That is diminishing daily.