Where We Are At The Moment

Though DC Cir has unanimously denied Trump immunity in DC case, it looks like the automatic stay persists till 2/12 and then beyond if Trump seeks review from SCOTUS & until SCOTUS rules on the petition. But if Trump seeks any rehearing by DC Cir, the stay would be lifted. pic.twitter.com/INpm18qFhA

— Roger Parloff (@rparloff) February 6, 2024

As @bradheath flags, the D.C. Circuit panel did *exactly* what we predicted on timing: Trump has until next Monday to ask #SCOTUS for a stay, otherwise the trial-court proceedings can resume.

So the Supreme Court will have to decide next week whether it’s going to intervene now: pic.twitter.com/mYBTiqNG7i

— Steve Vladeck (@steve_vladeck) February 6, 2024

Heh.

This is the kind of opinion SCOTUS might just let stand.

— emptywheel (@emptywheel) February 6, 2024

Never say “never,” but I don’t see the percentages in the Supremes stepping into this. Oh, Alito and Thomas, sure. But the Supremes not only have to vote to take it, they have to vote to stay the case, again.

Lots of doom and gloom out there, and worst-case scenarios (it’s a required course all three years of law school), but it’s February, and there’s no DOJ rule against going to trial in October of an election year. Trump’s delays could be his undoing.

Folks: We don't know what will happen at SCOTUS.

As I noted: Stop worrying about it and go do stuff YOU can do to stave off fascism.

Stop MAKING yourself helpless.https://t.co/gEujRDWFQ9

— emptywheel (@emptywheel) February 6, 2024

Pretty good advice, really.