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1/ I often write: The only thing I know *for certain* about the future is that it has not happened yet. Yesterday’s SCOTUS ruling is a perfect example of how much I need to heed my own mantra. For years, I heard Donald Trump was saying that he was certain that “his Supreme Court justices” . . .
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2/ . . . would ride to his rescue. I scoffed at his “stupidity” and “naïveté”, confident that he did not understand how Supreme Court justices worked. I felt comfortable that “conservative” Justices would care more about their jurisprudence and institution than protecting one man. I thought SCOTUS
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3/ . . . would deny cert. and leave the DC Circuit’s opinion in place. I was wrong. I thought that SCOTUS would quickly dispatch of Trump’s appeal, perhaps in tandem with deciding the Insurrection Clause challenge to Trump’s candidacy. I was wrong. I thought that even if though there . . .
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4/ . . . was delay, that only meant that one or two Justices (likely Alito and/or Thomas) were doing Trump’s dirty work by withholding their dissents to the last possible minute, in order to make it impossible for Judge Chutkan to conduct the trial before Election Day. I was wrong.
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5/5 It turned out that Trump was right and I was a naive fool. Trump carried around Supreme Court justices in his pocket like so many nickels & dimes.
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To be fair to you (and me), before this opinion I’d say SCOTUs wasn’t making any “I’ll do anything for Trump” moves — they didn’t intervene in the 2020 election and rejected some other outrageous demands. This was a huge huge jump in the depth of the tank they are in.
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This is where I was. When I saw Roberts had the opinion I thought, oh thank goodness. That relief lasted a blip of a moment.