Mon Nov 18, 2019, 01:03 PM
HAB911 (8,168 posts)
Supreme Court temporarily halts court order requiring accountants to turn over Trump's tax returns t
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39 replies, 2081 views
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Author | Time | Post |
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HAB911 | Nov 2019 | OP |
LovingA2andMI | Nov 2019 | #1 | |
SterlingPound | Nov 2019 | #2 | |
KPN | Nov 2019 | #17 | |
PJMcK | Nov 2019 | #27 | |
HAB911 | Nov 2019 | #3 | |
skip fox | Nov 2019 | #8 | |
Happy Hoosier | Nov 2019 | #13 | |
HAB911 | Nov 2019 | #14 | |
jberryhill | Nov 2019 | #23 | |
Princess Turandot | Nov 2019 | #15 | |
Imperialism Inc. | Nov 2019 | #21 | |
onenote | Nov 2019 | #35 | |
cbdo2007 | Nov 2019 | #32 | |
mucifer | Nov 2019 | #4 | |
Champion Jack | Nov 2019 | #5 | |
PJMcK | Nov 2019 | #28 | |
backscatter712 | Nov 2019 | #30 | |
triron | Nov 2019 | #6 | |
Nevilledog | Nov 2019 | #7 | |
triron | Nov 2019 | #9 | |
cbdo2007 | Nov 2019 | #10 | |
triron | Nov 2019 | #19 | |
Princess Turandot | Nov 2019 | #11 | |
triron | Nov 2019 | #16 | |
CatWoman | Nov 2019 | #18 | |
HAB911 | Nov 2019 | #24 | |
onenote | Nov 2019 | #33 | |
mucifer | Nov 2019 | #12 | |
KPN | Nov 2019 | #20 | |
mucifer | Nov 2019 | #22 | |
Imperialism Inc. | Nov 2019 | #25 | |
KPN | Nov 2019 | #26 | |
StarfishSaver | Nov 2019 | #29 | |
jcgoldie | Nov 2019 | #39 | |
mfcorey1 | Nov 2019 | #31 | |
onenote | Nov 2019 | #34 | |
iloveObama12 | Nov 2019 | #36 | |
Jewls2 | Nov 2019 | #37 | |
Gothmog | Nov 2019 | #38 |
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:04 PM
LovingA2andMI (7,006 posts)
1. Here we go....
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Response to LovingA2andMI (Reply #1)
Mon Nov 18, 2019, 01:06 PM
SterlingPound (428 posts)
2. This is where America stands or falls with our rule of law
Response to SterlingPound (Reply #2)
Mon Nov 18, 2019, 01:15 PM
KPN (14,535 posts)
17. Didn't we already do that in 2000 with Gore-Bush FL recount?
We fell. The GOP and conservative SCJ's know that.
Of course, if enough Americans actually cared, we could change that. But thgat's putting the horse before the cart. Let's see what they decide over the next couple days. |
Response to LovingA2andMI (Reply #1)
Mon Nov 18, 2019, 01:28 PM
PJMcK (19,616 posts)
27. Hold on a sec...
Did you read this paragraph in the article?
Earlier in the day, attorneys for House Democrats said in a letter they would not oppose a temporary delay in enforcing the subpoena to allow the court time to consider arguments on both sides. The committee said in the letter that it would provide its response on Friday.
House Democrats understand this process. Let's not get ahead of our skis. |
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:06 PM
HAB911 (8,168 posts)
3. I was sure they would not take it
Response to HAB911 (Reply #3)
Mon Nov 18, 2019, 01:09 PM
skip fox (19,102 posts)
8. Does halting the order mean that the Supreme Court will take it, or
is it just a question of giving them past Wed. (the deadline) to decide if they will take it or not??
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Response to skip fox (Reply #8)
Mon Nov 18, 2019, 01:13 PM
Happy Hoosier (4,685 posts)
13. Yup.... they have yet to decide if they are taking it.
Legally, there is no good reason too. The lower courts are not split on this. But they may. Here's hoping we are still a nation of laws.
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Response to skip fox (Reply #8)
Mon Nov 18, 2019, 01:13 PM
HAB911 (8,168 posts)
14. don't know, talking heads are chewing it over now, lol
Response to skip fox (Reply #8)
Mon Nov 18, 2019, 01:23 PM
jberryhill (62,444 posts)
23. It's pretty normal to issue a stay pending appeal
The appellate courts in both of the tax return cases did the same thing, and people here at DU had the same freakout over it. |
Response to HAB911 (Reply #3)
Mon Nov 18, 2019, 01:14 PM
Princess Turandot (4,684 posts)
15. They haven't taken or denied it yet. This is a routine action already agreed to by the House, whilst
they are deciding.
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Response to HAB911 (Reply #3)
Mon Nov 18, 2019, 01:22 PM
Imperialism Inc. (2,494 posts)
21. Yeah, it would be surprising if they took it.
There is a very little chance Roberts would rule with Trump. The other four stooges could still grant cert but knowing they have no chance to flip Roberts it would just make them look like fools to do so.
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Response to Imperialism Inc. (Reply #21)
Mon Nov 18, 2019, 01:49 PM
onenote (39,055 posts)
35. Personally, I think it would be surprising if they don't take it.
Hearken back to US v. Nixon. The Court tends not to shy away from cases like this. As it said in that decision (which involved the enforceability of a subpoena for presidential records):
"In the performance of assigned constitutional duties, each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others. The President's counsel, as we have noted, reads the Constitution as providing an absolute privilege of confidentiality for all Presidential communications. Many decisions of this Court, however, have unequivocally reaffirmed the holding of Marbury v. Madison, 1 Cranch 137 (1803), that "it is emphatically the province and duty of the judicial department to say what the law is....We therefore reaffirm that it is the province and duty of this Court "to say what the law is" with respect to the claim of privilege presented in this case. Marbury v. Madison, supra at 177." |
Response to HAB911 (Reply #3)
Mon Nov 18, 2019, 01:39 PM
cbdo2007 (9,212 posts)
32. I've heard from some very fair lawyers, that they think the SC will still take the case...
just out of respect to the President, but that they will rule against him in their decision. So still expecting this to get scarier before it gets better, but the law is pretty clear here on whether or not they should get access to them or not.
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:07 PM
mucifer (22,089 posts)
4. damn! So sick of him being above the law
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:08 PM
Champion Jack (5,378 posts)
5. This is Bull
Response to Champion Jack (Reply #5)
Mon Nov 18, 2019, 01:31 PM
PJMcK (19,616 posts)
28. You need to understand the process
The Supreme Court has not agreed to hear the case. And Democrats have agreed to the stay.
Earlier in the day, attorneys for House Democrats said in a letter they would not oppose a temporary delay in enforcing the subpoena to allow the court time to consider arguments on both sides. The committee said in the letter that it would provide its response on Friday.
This is a process decision. It does not state that the Court will hear the case. |
Response to PJMcK (Reply #28)
Mon Nov 18, 2019, 01:35 PM
backscatter712 (26,354 posts)
30. Yep, this is routine, don't panic.
Appeals courts will almost always stay orders from lower courts when they do something permanent, like an execution, or outing Trump's tax returns. That's so the court can complete due process before carrying out something for which there's no undo.
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:09 PM
triron (20,901 posts)
6. Fuck them to hell. Bunch of traitors with Trump.
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:09 PM
Nevilledog (44,661 posts)
7. I guessing this is a temporary stay.
This is not a grant of certiorari.
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:10 PM
triron (20,901 posts)
9. Next they will just declare Trump as King.
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:10 PM
cbdo2007 (9,212 posts)
10. Isn't this standard response to these issues, while they figure out what to do?
They aren't overturning it, they are pausing it.
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Response to cbdo2007 (Reply #10)
Mon Nov 18, 2019, 01:19 PM
triron (20,901 posts)
19. Even going this far?
Link to tweet ?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1196486878666641408&ref_url=https%3A%2F%2Fwww.theguardian.com%2Fus-news%2Flive%2F2019%2Fnov%2F18%2Ftrump-news-today-live-impeachment-hearings-ukraine-republicans-defense-latest-updates |
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:11 PM
Princess Turandot (4,684 posts)
11. To recap, this is just granting a temporary stay while SCOTUS decides if it will hear the appeal.
This is the step that the House already agreed to: see the current LBN post here:
https://www.democraticunderground.com/10142396927 |
Response to Princess Turandot (Reply #11)
Mon Nov 18, 2019, 01:15 PM
triron (20,901 posts)
16. I feel better now. Thanks for the clarification. Guess I can't call them traitors yet.
Response to Princess Turandot (Reply #11)
Mon Nov 18, 2019, 01:16 PM
CatWoman (78,151 posts)
18. thanks Princess
wasn't this done in lower courts as well?
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Response to Princess Turandot (Reply #11)
Mon Nov 18, 2019, 01:23 PM
HAB911 (8,168 posts)
24. +++++++++++
Response to Princess Turandot (Reply #11)
Mon Nov 18, 2019, 01:40 PM
onenote (39,055 posts)
33. It isn't even that
It's a stay until Thursday at 3 pm to allow the House to respond to Trump's request for a longer stay pending the court's consideration of the Trump petition for certiorari. Once the House has had a chance to respond, the Court (or Roberts alone) may or may not issue a further stay pending action on the petition for certiorari.
Here's the relevant language: IT IS ORDERED that the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5142, is hereby stayed pending receipt of a response, due on or before Thursday, November 21, 2019, by 3 p.m. ET, and further order of the undersigned or of the Court. https://www.supremecourt.gov/orders/courtorders/111819zr_6537.pdf |
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:12 PM
mucifer (22,089 posts)
12. msnbc said it's not a ruling on the merit
Response to mucifer (Reply #12)
Mon Nov 18, 2019, 01:20 PM
KPN (14,535 posts)
20. So there is hope this SCOTUS may actually rule based on the "merit"? While I'll remain hopeful,
I'll believe it only when I see it.
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Response to KPN (Reply #20)
Mon Nov 18, 2019, 01:24 PM
Imperialism Inc. (2,494 posts)
25. All down to Roberts really.
I think the other 4 would do pretty much anything for their party, no matter how little sense it makes.
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Response to Imperialism Inc. (Reply #25)
Mon Nov 18, 2019, 01:27 PM
KPN (14,535 posts)
26. And maybe Gorsuch.
Let's hope so.
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:32 PM
StarfishSaver (18,486 posts)
29. Everybody calm down! This is not a big deal
This is a procedural matter that is very common, was expected, and on which the House is on board.
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Response to StarfishSaver (Reply #29)
Mon Nov 18, 2019, 03:38 PM
jcgoldie (10,048 posts)
39. How long do they usually consider the case before taking it up or dropping the stay?
?
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:37 PM
mfcorey1 (10,923 posts)
31. I have no faith in the present Supreme Court. It is built to accept whatever
is presented in favor of drumpf. The sensible ones on the court are outnumbered by right wing judges who make the rule of law an afterthought.
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:41 PM
onenote (39,055 posts)
34. I suppose it's too much to ask that folks who don't know anything about SCOTUS procedure
not go jumping to conclusions about Court orders.
This order, which had the support of BOTH SIDES is about as surprising as the sun coming up in the morning. |
Response to HAB911 (Original post)
Mon Nov 18, 2019, 01:54 PM
iloveObama12 (416 posts)
36. Ah come on man
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Response to HAB911 (Original post)
Mon Nov 18, 2019, 02:06 PM
Jewls2 (218 posts)
37. Trump gets away with things cause he keeps things tied up in courts until they fade away.
Response to HAB911 (Original post)
Mon Nov 18, 2019, 03:35 PM
Gothmog (124,371 posts)