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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Friday, October 14, 2022

SCOTUS Watch: Trump Denied Again etc.

The Supreme Court denied a request from former President Donald Trump to intervene in Trump v. United States, the dispute over documents with classified markings seized from Trump’s home. There were no recorded dissents from the court’s order.

This is how one account summarized the news when the order dropped. Amy Howe's analysis is as always is a useful place to go. Steve Vladeck (shadow docket guy) previously noted the ask was minor, looking like a way for Trump's lawyer to show him that they were doing something, without making such ridiculous claims to amount to an ethical breach.  

A flag that the justices did not find it compelling was that Thomas (who is assigned that circuit) giving the government a week to answer the request.  The biggest thing here -- other than a sort of symbolic loss  on the say the 1/6 Committee finished up subpoenaing Trump -- really is Thomas' involvement.  One analysis flagged Thomas as anti-Biden. 

His wife's dealings [not covered in the hearing from what I can tell] trying to overturn the election also is a concern.  This is not directly about the election as much as past cases, but it ties together regarding appearance of impropriety.  Thomas does not seem to be having any concerns; he had fun this week during one of the oral arguments.  Maybe, this whole thing will help the push for more ethics reforms for the Supreme Court.

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The Trump related order got some attention, but there was no real likelihood that the Court wanted to get involved. Again, it seems like it was a mild request regarding an ongoing matter.  On the same day, another minor procedural matter was disposed of, a request referred to the whole Court rejected.  I again think the Supreme Court should simply clarify what they are doing here to help public awareness.  A brief description would do it for me.  It's less important than a death penalty case, but still.

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After they got their feet wet with oral arguments (notable cases and otherwise), the Supreme Court will release more orders next week. And, then, there will be a bit of a break, before the affirmative action cases.  There will be a possible execution mixed in between.  The new term has now kicked in, the main theme being that Justice Jackson is an enthusiastic/skillful questioner. 

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