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Big winner here: John Roberts
NEWS: SCOTUS will not immediately hear the case over Trump’s immunity claim in connection with the Jan. 6-related federal charges he faces in DC. The DC Circuit, however, has already expedited the appeal to be heard there in early January.
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my bet: DC Circuit finds no immunity, SCOTUS denies cert, Roberts once again successfully passes on the hot potato
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i assume if there was some indication at conference that 4 conservatives intended to take this up after dc cir likely finds no immunity, there would've been some lib dissents from this order
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That is a more hopeful read than mine, which is that this is SCOTUS saying “actually, fuck all of you, we are perfectly comfortable enabling our slide into fascism.”
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That would be best case scenario
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By all gods above and below, I hope you're right.
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Do you really think they can duck this? I can see how that would be convenient, but it seems extraordinary?
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Yes but they might need to keep him sweet so he’ll be open to “offers”
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Smith argued that this case needs to be reviewed by SCOTUS, so he will presumably have to join Trump's cert petition, and it will be weird (but correct, IMO) for SCOTUS to say "you're both wrong, there's nothing compelling for us to look at here".
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But this basically pushes back the March 4 date right?
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No. If the appeals says no immunity. Things go as normal even if Trump files an appeal. Remember no one has a right to a Supreme Court hearing. So if they deny cert for the appeal no time is lost.
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Hmm. But see this language from Smith’s reply re cert www.documentcloud.org/documents/24...
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If DC circuit rules firmly against Trump's immunity claims do we really think that SCOTUS will certainly review it? Sotomayor, Kagan, Jackson wouldn't want it. Probably also not Roberts. Do Kavanaugh, Barrett and Gorsuch really want to go through this?
With an intervening request for rehearing en banc