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.
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
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.”
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".
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.
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?