Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

bluestarone

(22,174 posts)
Fri Dec 29, 2023, 11:16 AM Dec 2023

Immunity question, this AM.

If the appeals court rules against TFG on the immunity issue, then the SC refuses to hear TFG's appeal, could this be revisited later? I feel the SC needs to rule 100% against TFG. Period!

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Glorfindel

(10,175 posts)
1. THIS Supreme Court? 100% against TFG?
Fri Dec 29, 2023, 11:40 AM
Dec 2023

Very, very unlikely. Even to get a 5 to 4 decision, two of the six rabid rePukes would have to vote against him. I can't think of any two who would do that under any circumstances.

bluestarone

(22,174 posts)
3. Agree here. But my question is
Fri Dec 29, 2023, 12:23 PM
Dec 2023

If the appeals court rules AGAINST TFG, and IF the SC does NOT hear tfg's appeal could the SC later on revisit and hear the appeal? I would like this settled NOW permanetly. (we all know there is no immunity here)

Fiendish Thingy

(23,219 posts)
6. I think it would have to be an entirely new case for SCOTUS to revisit the issue
Fri Dec 29, 2023, 01:11 PM
Dec 2023

If SCOTUS denies cert, it could be for a variety of reasons, or no reason. AFAIK, they wouldn’t resuscitate the exact same case and then grant cert, it would have to be a new case, but could be about the same issue.

people

(844 posts)
5. If SC turns down Trump apeal on immunity could it revisit this later?
Fri Dec 29, 2023, 12:50 PM
Dec 2023

Assuming the DC Circuit rules against Trump on the immunity issue, and the U.S. Supreme Court turns down an appeal by Trump of this decision, that would be the end of it, unless another U.S. Court of Appeal hears the immunity claim and decides opposite of the DC Circuit and rules that a president is immune from prosecution for acts done when s/he is in office. Then there would be a conflict in the circuits and I believe the Supreme Court would step in.

Fiendish Thingy

(23,219 posts)
7. It would have to be a new, separate case for a lower court to review
Fri Dec 29, 2023, 01:15 PM
Dec 2023

And even then, despite the fact that we are in a post-stare decicis era thanks to Dobbs, it’s likely the lower court would have to say “the issue of immunity has already been ruled on”.

If Trump loses at SCOTUS, he can’t go judge shopping to find a lower court to rule in his favor.

Latest Discussions»General Discussion»Immunity question, this A...