A Reminder

Trump takes virtual victory lap after SCOTUS agrees to consider presidential immunity case https://t.co/GEOymBskIV

— Raw Story (@RawStory) February 28, 2024

Trump thinks the Georgia case is teetering on the brink of dismissal because of the last day of the hearing. I don’t expect him to understand what the Supreme Court just did, either.

But tout le legal Twitter (the biggest oxymoron on the intertoobs) is overlooking the fact Jack Smith asked the Supremes to treat Trump’s appeal as an application for a writ of certiorari. It says so in the order. This is neither evidence of corruption nor more needless delay. This is actually ending delay, because there’s no way the Court grants Trump what he asked the D.C. Court for: unbridled authority to order Seal Team 6 to kill someone, anyone. (Yes, there’s the case of Obama ordering the death of Bin Laden. Not exactly a political enemy, though. Or an example of the absolute immunity Trump wants.)

Me, I think the Court wants to issue a final ruling, not just let the lower court ruling stand for that district alone (the lower court opinion can be persuasive in other districts, but it can’t be binding).

What would Alito, say, or Thomas do? Carve out exceptions for murder of citizens (but not asylum seekers?)? Make case-by-case determinations? Even if that’s what they want, can they get 3 more votes for it? 

I think the majority want this heard and settled quickly. They don’t consider it a major constitutional issue they need to ruminate on. After all, they could have easily set it for end of term arguments; or even next term.

Two different things can be true:#SCOTUS *isn’t* moving as fast as it possibly could/as fast as many folks want it to in resolving Trump’s immunity appeal; and

SCOTUS *is* moving much faster than Trump wanted it to *and* much faster than it does in virtually all of its cases.

— Steve Vladeck (@steve_vladeck) February 29, 2024

So much to speculate on, so little to speculate with. Until today, “smart money” said Alito was drafting a dissent and holding everyone up. Yeah, well…

4/22 SCOTUS argument
5/13 ruling
8/12 jury selection
9/2 trial starts
11/1 jury gets case
11/5 jury verdict and election day

— Roger Parloff (@rparloff) February 28, 2024

As good a guess as any.

p.s. Whatever decision Judge Anil Singh releases today will be temporary; further briefing before a full panel of the First Department is expected on the question of the stay pending appeal.

— Lisa Rubin (@lawofruby) February 28, 2024

Yeah, don’t forget that, either. That leniency might be short-lived.