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Something Rotten

SCOTUS is stalling

Supreme Court building, Washington, DC, USA. Front facade. Photo by Daderot via Wikimedia Commons (Public domain.)

The National Review comments on the remaining decisions to come out of the Supreme Court:

The Supreme Court is scheduled to deliver opinions this Thursday and Friday. There should be 21 opinions remaining because there are 23 cases left, including two pairs (the Chevron challenges and the Florida and Texas social-media laws) that are consolidated and likely to be decided together. We will likely get at least five or six opinions this week, maybe as many as nine. The Court will need to schedule more opinion days next week, probably at least three of them if it intends to wrap up the term by the end of the week; otherwise, it could spill over to July 1 or 2.

NR provides a handy chart of what’s left. Notice what’s at the bottom:

Leah Litman writes at the New York Times:

For those looking for the hidden hand of politics in what the Supreme Court does, there’s plenty of reason for suspicion on Donald Trump’s as-yet-decided immunity case given its urgency. There are, of course, explanations that have nothing to do with politics for why a ruling still hasn’t been issued. But the reasons to think something is rotten at the court are impossible to ignore.

On Feb. 28, the justices agreed to hear Mr. Trump’s claim that he is immune from prosecution on charges that he plotted to subvert the 2020 election. The court scheduled oral arguments in the case for the end of April. That eight-week interval is much quicker than the ordinary Supreme Court briefing process, which usually extends for at least 10 weeks. But it’s considerably more drawn out than the schedule the court established earlier this year on a challenge from Colorado after that state took Mr. Trump off its presidential primary ballot. The court agreed to hear arguments on the case a mere month after accepting it and issued its decision less than a month after the argument. Mr. Trump prevailed, 9-0.

Nearly two months have passed since the justices heard lawyers for the former president and for the special counsel’s office argue the immunity case. The court is dominated by conservatives nominated by Republican presidents. Every passing day further delays a potential trial on charges related to Mr. Trump’s efforts to remain in office after losing the 2020 election and his role in the events that led to the storming of the Capitol; indeed, at this point, even if the court rules that Mr. Trump has limited or no immunity, it is unlikely a verdict will be delivered before the election.

“As of Tuesday, 110 days had passed since the court agreed to hear the Trump immunity case. And still no decision,” Litman observes.

Who thinks this is an accident? What are odds SCOTUS issues the Trump decision July 2?

BTW: Celebrate Juneteenth!

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