General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI am so looking forward to the fight with the Courts vrsus Barr and the Con
I'm betting on the courts.
rampartc
(5,435 posts)the judges, esp at the sc level, are more and more repub partisans.
we will not only lose in the courts, but set precedents that will haunt our great grand children.
I really do not want Thomas, Gorsuch, kavenaugh, and Roberts to rule that a president can not be indicted, or in the latest claim, investigated.
pnwest
(3,266 posts)in the current rigged-for-trump scotus.
StarfishSaver
(18,486 posts)He's very conservative, but he's not batshish and he cares about the court and his legacy. He's not going to sacrifice them at the altar of Trump.
rampartc
(5,435 posts)but if a lower court rules in trump's favor, will Roberts take the case?
is Robert's vote even necessary to affirm the purported limitless power of article 2?
the only thing really necessary for trump to win is for the courts to proceed at their usual pace, by 2024 the vote may be 9-0 or 8-1.
StarfishSaver
(18,486 posts)Then the Court would decide whether to take the case - called "granting certiorari." The approval of four justices is required to grant cert.
I think that if the DC Circuit upholds the district court, the Supreme Court would more likely let the lower court rulings stand.
But if the Circuit overrules Judge Beryl, the Court would be more likely to grant cert because, among other things, given Judge Beryl's very detailed and firm opinion, a reversal would reveal a clash within a key circuit that the Court may want to resolve. It's not the same as a dispute between co-equal circuits - if the circuit disagree with Judge Howell's take, their view controls and she has to abide by it - but it could still push the Court to give its say on which view it takes.
They would probably need Roberts' vote but he could also bring one or more of the more conservative Justices with him. I actually wouldn't be surprised if there was a 9-0 decision against Trump if it got that far since both the liberals and conservatives would likely want to push back on the evisceration of the legislative branch's power and not give the executive branch virtually free rein. They all know that Trump won't always be president forever and Congress will someday again be in Republican control. They'll be looking at more than just an immediate outcome.
rampartc
(5,435 posts)but I am sure that trump's attys (paid by the taxpayers) will be racking up the billable hours in the meanwhile.