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“I don’t think SCOTUS will be patient with a lecture about how to perform its Constitutional role in a way that is ‘In the public interest,’” Shipley posted on X.
“Smith has shot himself in the foot by creating the impression in the minds of the lefties that if SCOTUS doesn’t adopt his preferred timing, SCOTUS is not acting ‘in the public interest,’” he added.
Smith’s request, according to former Deputy Assistant Attorney General Harry Litman, was a “dramatic, but expected” action.
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“Everything about the opposition, including urging the court to deny stay, speaks to the great need for speed. The court will take notice,” Litman made a post on the X network.
“On the other hand, whether the court takes the case won’t fundamentally depend on what Smith says. It will come down to whether it thinks, being the Supreme Court, it has to rule, n/w/s that the ruling would be to affirm the DC circuit,” he added.
Smith’s petition was rejected by the Supreme Court in December, and the District of Columbia Circuit’s immunity ruling was left for the U.S. Court of Appeals to decide. The Supreme Court is currently receiving a request from Trump’s legal team to put an end to the trial.
They simultaneously file a “Cert petition” to have the Supreme Court directly examine the judgment made by the lower court, or they request reconsideration of the appeals court’s decision.
“It makes it sort of hard to oppose a cert petition now, doesn’t it?” Shipley shared Smith’s prior court filings when writing on X. “Pretty much an admission that the panel’s decision is not where this question needs to be resolved.”
