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” . . .
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 . . .
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.
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.