Input | Output |
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Link | Youtube |
Published | 2024/02/13 |
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Status | article incomplete |
Beau says:
Beau breaks down Trump's appeal to the Supreme Court, questioning its legitimacy and potential consequences.
Legal scholars
Insights on the potential impact of the Supreme Court's decision and the broader implications for American democracy.
#Trump #SupremeCourt #PresidentialImmunity #Constitution #ChecksAndBalances
Well, howdy there, internet people, it's Beau again.
So today we are going to talk about Trump
appealing to the Supreme Court and what the options are.
I think that is probably the thing
that's being the least covered.
You have a lot of commentary
about what everybody thinks will happen,
but there's not a lot showing the different outcomes
that could occur, so I think we'll go through that.
If you have no idea what I am talking about,
in the DC federal case under Judge Chutkin,
this is Trump claiming presidential immunity.
He's allowed to do whatever he wants
because the Constitution doesn't matter, short version.
He took it to the appeals court, and the appeals court
was like, yeah, no, can't really co-sign an argument that
says the executive branch, the President of the United States, is allowed to violate all
of the laws that are meant to be checks on his power.
So they didn't side with him.
Trump, of course, waited until the last moment to appeal to the Supreme Court.
Now what happens from here?
Okay, so the first option that the Supreme Court could exercise, they could agree to
hear it and throw it on the schedule.
If they do that, this trial, this case, it is beyond the election now.
That simple.
Another option would be for them to agree to hear it and fast track it, in which case
they'd hear it in weeks.
They would hear it within weeks, and not to presume the outcome, but odds are the trial
would start shortly thereafter.
Now, another option would be for them to deny the petition after a brief stay, in which
case the appeals court ruling would stand.
The trial would restart.
And then the other option is they could just deny it from the start.
There is no obligation for the Supreme Court to actually hear Trump's argument.
It is so far outside the bounds of what could even remotely be considered a real constitutional
argument.
There are some people who are hopeful that they're just going to be like, yeah, we don't
need to hear this.
The appeals court ruling stands.
And that's a possibility.
Those are your four outcomes.
Which one?
I'm going to say that they will grant a brief stay and then deny it.
But any of these are possible.
I think your least likely is that they agree to hear it without expediting it, then your
next least likely would be for them to agree to hear it on an expedited schedule, and
then probably denying it flat out, and then granting a brief stay so they can appear that
they considered it, and then denying it.
Realistically, when you really look into this argument, it doesn't have legs.
It is incredibly unlikely that this goes anywhere.
If it does, the Supreme Court doesn't matter.
If it does, Biden doesn't have to hold another election.
It is an argument that really doesn't seem to have a basis in the Constitution.
It seems to be, I'm president, therefore I can do whatever I want.
I'm the absolute monarch.
I am the dictator.
I get to decide everything.
The Constitution, laws, none of that applies to me.
That in essence is the argument.
I feel like the Supreme Court won't go for that.
Even though a lot of them are supportive of Trump, I don't think that they'd be willing
to give up all of their power.
Because understand, if this argument is accepted, the Supreme Court is irrelevant.
They don't matter at all.
They become nothing.
They are irrelevant because they can't, they won't be able to look at what the executive
branch does.
So why do they even need to exist?
There's no reason to even have a court.
The president could disband them or take away their ability to have a schedule in here cases.
could stop them because nothing's illegal, because official acts from the president wouldn't
be able to be questioned.
So even with this court, I find it unlikely that they're not going to see the downstream
effects of what Trump is asking them to agree to.
Anyway, it's just a thought.
Y'all have a good day.
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