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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSCotUS orders supplemental briefs in SHITLER's tax return cases, potential bad news for him
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https://lawandcrime.com/supreme-court/legal-experts-say-supreme-courts-order-in-tax-return-controversy-signals-bad-news-for-trump/
Legal Experts Say Supreme Courts Order in Tax Return Controversy Signals Bad News for Trump
The U.S. Supreme Court on Monday ordered the parties in President Donald Trumps tax return cases to file additional supplemental briefs addressing whether the court is the proper venue for such controversies. The court directed the parties to specifically address whether the political question doctrine or related justiciability principles bear on the Courts adjudication of these cases. Legal experts immediately pondered what could motivate the justices to issue such a directive at this stage in the protracted litigation.
The political question doctrine, a subset of the broader justiciability doctrine, refers to the idea that an issue cannot be decided by a court if the Constitution supports the premise that the issue is for other branches of government to decide. The Supreme Court frequently punts cases involving the executive branch under this doctrine. ....
The president and his lawyers have argued that there is no legitimate legislative purpose for seeking Trumps financial records other than to use them against him politically.
A major roadblock for Trumps arguments has been that the subpoenas were issued to third parties, not the executive branch, giving the president limited authority to assert his arguments. ....
University of Texas law professor Stephen Vladeck noted that the courts directive may portend an unfavorable decision for Trump.
I dont think theres any obstacle to [the Supreme Court] reaching the merits of these cases. But if the Court says that there is, thats actually bad for Trumpas hes the one whos suing to try to block Mazars/Deutsche Bank from voluntarily complying with these congressional subpoenas, he wrote. In the process, the Court might therefore make it impossible for Trump to block voluntary compliance with these subpoenas by third parties, but also for Congress to use the courts to mandate involuntary compliance with congressional subpoenas going forward, a la [the Don McGahn case]. ....
In McGahn, a lower federal court ruled that the judicial branch does not have the power to enforce a congressional subpoena on the executive branch. ....
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SCotUS orders supplemental briefs in SHITLER's tax return cases, potential bad news for him (Original Post)
UTUSN
Apr 2020
OP
empedocles
(15,751 posts)1. Let us hope, trump is stuck here - '[I'm not so sure].
UTUSN
(70,683 posts)2. "not so sure" - me, neither
davekriss
(4,616 posts)3. I have no faith in the current SCOTUS
I anticipate a 5-4 decisioning in favor of Trump, blocking the Mazars/Deutsch Bank subpoenas. Later, when it benefits the masters of the universe (the kleptocrats), it will go 5-4 in the opposite direction.