General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court temporarily halts court order requiring accountants to turn over Trump's tax returns t
https://www.cnbc.com/2019/11/18/supreme-court-temporarily-halts-court-order-requiring-accountants-to-turn-over-trumps-tax-returns-to-congress.htmlLovingA2andMI
(7,006 posts)SterlingPound
(428 posts)KPN
(15,650 posts)We fell. The GOP and conservative SCJ's know that.
Of course, if enough Americans actually cared, we could change that. But thgat's putting the horse before the cart. Let's see what they decide over the next couple days.
PJMcK
(22,048 posts)Did you read this paragraph in the article?
House Democrats understand this process. Let's not get ahead of our skis.
HAB911
(8,912 posts)skip fox
(19,359 posts)is it just a question of giving them past Wed. (the deadline) to decide if they will take it or not??
Happy Hoosier
(7,386 posts)Legally, there is no good reason too. The lower courts are not split on this. But they may. Here's hoping we are still a nation of laws.
HAB911
(8,912 posts)jberryhill
(62,444 posts)The appellate courts in both of the tax return cases did the same thing, and people here at DU had the same freakout over it.
Princess Turandot
(4,787 posts)they are deciding.
Imperialism Inc.
(2,495 posts)There is a very little chance Roberts would rule with Trump. The other four stooges could still grant cert but knowing they have no chance to flip Roberts it would just make them look like fools to do so.
onenote
(42,759 posts)Hearken back to US v. Nixon. The Court tends not to shy away from cases like this. As it said in that decision (which involved the enforceability of a subpoena for presidential records):
"In the performance of assigned constitutional duties, each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others. The President's counsel, as we have noted, reads the Constitution as providing an absolute privilege of confidentiality for all Presidential communications. Many decisions of this Court, however, have unequivocally reaffirmed the holding of Marbury v. Madison, 1 Cranch 137 (1803), that "it is emphatically the province and duty of the judicial department to say what the law is....We therefore reaffirm that it is the province and duty of this Court "to say what the law is" with respect to the claim of privilege presented in this case. Marbury v. Madison, supra at 177."
cbdo2007
(9,213 posts)just out of respect to the President, but that they will rule against him in their decision. So still expecting this to get scarier before it gets better, but the law is pretty clear here on whether or not they should get access to them or not.
mucifer
(23,565 posts)Champion Jack
(5,378 posts)PJMcK
(22,048 posts)The Supreme Court has not agreed to hear the case. And Democrats have agreed to the stay.
This is a process decision. It does not state that the Court will hear the case.
backscatter712
(26,355 posts)Appeals courts will almost always stay orders from lower courts when they do something permanent, like an execution, or outing Trump's tax returns. That's so the court can complete due process before carrying out something for which there's no undo.
triron
(22,020 posts)Nevilledog
(51,197 posts)This is not a grant of certiorari.
triron
(22,020 posts)cbdo2007
(9,213 posts)They aren't overturning it, they are pausing it.
triron
(22,020 posts)Link to tweet
?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1196486878666641408&ref_url=https%3A%2F%2Fwww.theguardian.com%2Fus-news%2Flive%2F2019%2Fnov%2F18%2Ftrump-news-today-live-impeachment-hearings-ukraine-republicans-defense-latest-updates
Princess Turandot
(4,787 posts)This is the step that the House already agreed to: see the current LBN post here:
https://www.democraticunderground.com/10142396927
triron
(22,020 posts)CatWoman
(79,302 posts)wasn't this done in lower courts as well?
HAB911
(8,912 posts)onenote
(42,759 posts)It's a stay until Thursday at 3 pm to allow the House to respond to Trump's request for a longer stay pending the court's consideration of the Trump petition for certiorari. Once the House has had a chance to respond, the Court (or Roberts alone) may or may not issue a further stay pending action on the petition for certiorari.
Here's the relevant language:
IT IS ORDERED that the mandate of the United States Court of
Appeals for the District of Columbia Circuit, case No. 19-5142, is hereby
stayed pending receipt of a response, due on or before Thursday, November
21, 2019, by 3 p.m. ET, and further order of the undersigned or of the Court.
https://www.supremecourt.gov/orders/courtorders/111819zr_6537.pdf
mucifer
(23,565 posts)KPN
(15,650 posts)I'll believe it only when I see it.
Imperialism Inc.
(2,495 posts)I think the other 4 would do pretty much anything for their party, no matter how little sense it makes.
KPN
(15,650 posts)Let's hope so.
StarfishSaver
(18,486 posts)This is a procedural matter that is very common, was expected, and on which the House is on board.
jcgoldie
(11,645 posts)?
mfcorey1
(11,001 posts)is presented in favor of drumpf. The sensible ones on the court are outnumbered by right wing judges who make the rule of law an afterthought.
onenote
(42,759 posts)not go jumping to conclusions about Court orders.
This order, which had the support of BOTH SIDES is about as surprising as the sun coming up in the morning.