The 2nd Circuit set arguments in the Trump v. New York case for Friday.This was a quite obvious ruling. Trump’s legal teams makes up all sorts of new “privileges” just to tie things up in court before the election so that Americans can’t see the evidence before they vote. https://t.co/Beo37hqYuu— Neal Katyal (@neal_katyal) October 7, 2019
Trump plays the delay game in court, but this is different. The 2nd Circuit will decide this quickly, and the Supremes will probably take it up (or turn it down) just as quickly, because there is a criminal investigation involved. This is why the 2nd Circuit granted the stay so quickly: because they intend to decide it quickly, too. Delaying this until everyone's forgotten about it (remember the Congressional subpoenas for Trump's taxes? Its still in court.) won't work this time. The opinion may well be issued before Hallowe'en.
And that OLC opinion may finally get eviscerated.
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