January 5, 2024 / by emptywheel

 

SCOTUS Rushes to Grant Trump Protections After It Refused to Rush to Ensure Due Process

Unsurprisingly, after declining to rush to make sure Trump got due process before a jury of his peers, SCOTUS granted cert to the appeal of Trump’s disqualification by Colorado.

The case will be heard on February 8.

Update: Rick Hasen, who is very smart on these issues, notes that SCOTUS did not hone the issues it will review.

I’m more surprised that the Court did not better focus the questions to be briefed. Trump’s question presented is a blob of a question on disqualification. The challengers to Trump had written 7 questions presented in the alternative. In the Colorado challenge, which does not seem to have been granted by this order, they raised three questions, which somewhat overlap with Trump’s claims.

This seems like it could be a free-for-all in arguments and briefing. I take the failure to hone it down due to lack of consensus on the court or time for there to be serious research on these issues.

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Originally Posted @ https://www.emptywheel.net/2024/01/05/scotus-rushes-to-grant-trump-privileges-where-it-refused-to-rush-to-ensure-due-process/