What's your opinion on SC decision?

[bluestarone]

Do you think the SC will refuse to get involved IF Circuit court rules AGAINST tfg? Maybe that's their (SC) plan? They COULD end it right there.

[Johonny]

1. Just delay, delay, delay

Sort of pointless and gut less. Probably signals Colorado won't go well.

[bluestarone]

4. I'm sure the lawyers here are right on the money, when they say the SC will get involved with the Colorado issue.

I feel the Circuit court will be the deciding court. Then SC will deny future appeals. I'm probably wrong again tho.

[Ocelot II]

2. I don't think it's a big deal, since the DC Circuit will be moving quickly.

Depending on what DCCir does, maybe they won't take the case at all. But it's not a sign as to what they will eventually decide (and they aren't in session right now anyhow).

[bluestarone]

5. I thought DC Circuit already agreed to look at it?

[Ocelot II]

8. Arguments are scheduled for early in January.

Also, review by the Courts of Appeals is not discretionary - they have to hear appeals, unlike SCOTUS.

[bluestarone]

15. TY So i guess i was wrong thinking that they (DC Circuit) could withdraw and let SC decide?

[Ocelot II]

17. It doesn't work quite that way. The normal procedure is to appeal

from the district court to the Court of Appeals, which TFG did, and that court put the case on the fast track. In the meantime Jack Smith asked SCOTUS to take the case directly and bypass the Court of Appeals, which would have moved the case even faster. If SCOTUS had agreed, the Court of Appeals would have been bypassed altogether, but that court doesn't have the option of "letting" SCOTUS decide. Since SCOTUS decided to let the Court of Appeals consider the case first, they can decide later whether or not to review that decision.

[euphorb]

18. Right, they couldn't withdraw, but . . .

They could have delayed any scheduling until finding out whether SCOTUS took the case, and one of the judges actually suggested they do that, but the other two disagreed. So they went ahead and set forth an expedited schedule.

[bluestarone]

20. I'm happy about that at least.

[euphorb]

10. Yes, the DC Circuit did take the case.

Unlike the SC, a circuit court of appeals must take all appeals. The DC circuit also agreed to expedite their hearing of the appeal. But they haven’t reached an opinion on the merits yet. That’s what Ocelot II was referring to by saying depending on what the DC Circuit does.

[Maeve]

16. That is a reasonable view

And one I'm seeing on MSNBC. Since there was no dissent, the liberals were content to wait for the circuit Court to decide before taking it on.

[BlueIdaho]

3. That's a nice thought

Personally, I have zero confidence in Roberts Kangaroo Court. I believe it is more likely they are trying to run out the clock on his many court cases. Knowing they will get some cover by saying it’s too close to the election to proceed.

[MOMFUDSKI]

6. Hoping we don't get Mitch McConnelled

by this bunch.

[PTL_Mancuso]

23. McConnell me Once, Shame on You. . .

. . . McConnell me Twice, uh... ok.
. . . McConnell me Thrice, hmmm...
.
.
.
Modern Librul Politicks

[Mz Pip]

7. Who decided this?

Was it the full court or just one Justice, if so, which one?

Too many unknowns at this point to really form an opinion.

[bluestarone]

12. The lawyers HERE feel it was 9 to 0?

I have no reason not to believe our own lawyers here! It's hard for me to accept, BUT i do feel they are right.

[moondust]

9. Since 2019

SCOTUS has agreed to speed up their hearing in 19 cases according to a chart on Alex Wagner's show a little while ago. All of those were presumably less important cases than this one and they included a case on President Biden forgiving student loan debt.

[Ms. Toad]

27. Are those cases which bypassed the Circuit Court?

Or ones which arrived at the S. Ct in the normal course of events (i.e. there was an appeal and the losing party petitoned for cert at the S. Ct.). If not, was there objection by the side which didn't seek expedited review?

[moondust]

30. I don't know the details.

They were presented on Alex Wagner's show as expedited cases comparable to Jack Smith's immunity case.

[Ms. Toad]

31. Without more, I can't tell if they are comparable or not.

Since people seem not ot understand that the normal path through the court is Trial Court - Circuit Court - Supreme Court, I'd want to check out the cases someone is describing as comparable.

They may be - I'm just really discouraged at the number of people slamming the court for declining to leapfrog the matter over the Circuit Court stage - as if it belonged in the S. Ct now, and the S. Ct was somehow on Trump's side because of a relatively routine decision to wait for the Circuit Court decision. It's reall easy to fool us/make us look like fools if we dont' even know the basics of civics.

[moondust]

32. The website for her show:

https://www.msnbc.com/alex-wagner-tonight

Today's episode may not appear for a day or more and I don't know if they will post that clip citing the 19 cases. I didn't find the clip or the chart on a Google search. Alex didn't go into much detail but used the 19 in contrast to today's ruling.

ETA: Looks like her 2-hour show from today will rerun later on MSNBC starting at 12 a.m. ET.

[claudette]

11. Somebody

a billionaire, paid them off.

[Silent Type]

19. Maybe, but the Harlan Crows (Thomas' buddy) and Kochs have turned on trump.

I suspect most GOPer Billionaires recognize trump is not good for their businesses.

[tritsofme]

24. Kagan, Sotomayor, and Brown too?

[SWBTATTReg]

13. Lazy. They know its an urgent issue today. I guess they alone, decide what's urgent or not.

[Fiendish Thingy]

14. I'm not worried...yet.

At this point, it’s not even certain the trial will be delayed beyond it’s slated start date in March.

[LetMyPeopleVote]

21. Since the DC Circuit Court has set a very accelerated schedule for this case, the SCOTUS action may not be that bad

TFG has a brief due tomorrow and all briefing will be done by Jan.2. There will be oral arguments on Jan. 9. There is a good chance that the DC court may rule shortly thereafter and the SCOTUS may then elect to review or affirm this case

Link to tweet

Link to tweet

The SCOTUS may want to see the ruling of the DC Circuit Court and then either deny cert or grant accelerated hearing.

[lees1975]

22. It will benefit the case against Trump.

Ultimately, the Supreme Court uses the arguments submitted to the lower courts to formulate its rulings, determining whether the court ruled correctly or not. In this case, leaving it up to the DC court could be a signal that's where it will remain, and they will let the lower court ruling stand, or they will take it because there's a precedent in their ruling. If Trump is convicted, and the lower court has determined that Presidents are not immune from the law, the Supreme Court can avoid all of the political backlash by simply letting that ruling stand.

[PTL_Mancuso]

25. I think I heard Andrew Weissman (ms/nbc) offer a similar, calming explanation.

Personally, I was pist, until I heard the decision was 9-0. From Jack Smith's POV, this is almost like a wordle guess where you already know 3 of the 5 letters in their correct positions, and you still have two more tries. IOW, if the "liberal" side voted this way, then it appears to suggest that the rationale from the uppers is that the lower court has all it needs to correctly determine the case as it currently sits, and will do so relatively soon, so, "Why should We (the Royal We) dirty our hands?"

[Sympthsical]

28. This is my view - they don't want to touch it

Let the District Court deal with it, then let it stand.

That way, they don't have their names attached to any concrete opinions, phrases, or positions. I don't think Roberts wants that kind of fire given everything else going on with the Court.

And let's be honest, the SC does not seem to be particular fans of Trump. But they do know his actual fans are crazy, so they're probably sitting there thinking, "Let's see if we don't have to be involved in this."

I think they're going to take Colorado, and so I think they want to punt this one if possible.

[bucolic_frolic]

26. I think it's a pre-negotiated move for public consumption and show

Donnie thinks he caught a break, but the judicial system is closing ranks and he can't figure it out. It's a move to make the judicial system appear fair to MAGA, and it is, but not by MAGA's definition.

[OAITW r.2.0]

29. Kicken' the can down the road. Hope we get a quick response this week.

Shouldn't take the Supreme Court from weighing on this issue.