@mrddmia: "Fact (and Legal) Check: False.

The Supreme Court should grant cert.

Then stay the case until it resolves the issue of presidential immunity.

And decide this novel and weighty constitutional issue through the normal rules, procedures, and timelines.

Otherwise, it's political.

#SCOTUS #DCCircuit #Democrats #lawfare #PresidentTrump #2024election

twitter.com/mrddmia/status/175

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@darulharb

In reality, the Supreme Court has all sorts of choices here. There are a ton of different things it could do since it is operating within the context of the judicial system. It could even invent brand new things never seen before.

It needs to be emphasized that the question before them is a question of how courts should operate. It's not a question of, I don't know, whether Congress can pass a law restricting the freedom of speech about endangered species opinions of the executive branch. That gets a bit more thorny.

But here the question is directly one of whether the courts can or cannot consider certain complaints against Trump. That is 100% within the wheelhouse of the Supreme Court.

What should it do? Honestly, whatever the justices think is right. If they don't want to get involved in this they are fully within their right to ignore the case entirely. Maybe they think the lower court got it right, maybe they just want to punt.

But at this point this is completely up to the majority of the nine.

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