@tribelaw on #TheLastWord on Trump's big court defeat

[LetMyPeopleVote]

Link to tweet

[onenote]

1. Unfortunately, I think Tribe may be over-optimistic

In particular, i can easily foresee the Supreme Court voting to grant a stay notwithstanding the fact that the lower court found that Trump didn't satisfy the test for a stay. After all, there's no appeal from the Supreme Court if it so decides.

And what especially concerns me is the issue of whether the Presidential Records Act is constitutional. The Court in Nixon v. GSA concluded that it was and thus it was inevitable that the District Court would reach the same conclusion. But Chief Justice Burger and then Associate Justice Rehnquist strongly dissented from that conclusion in the Nixon v. GSA case and it hardly would be a shock if a majority of today's Supreme Court decided to agree with the Burger/Rehnquist'position, overrule the Nixon v. GSA case on the constitutional issue, and rule in favor of Trump that the PRA is unconstitutional. I don't think that would be the correct ruling, but I wouldn't want to bet against it.

[malaise]

2. You also didn't think Biden won the election

That is all

[Bernardo de La Paz]

3. ?

[onenote]

4. Congratulations on becoming my first ever alert

[maxrandb]

5. Thanks for your "concern". I actually hope you're right

It makes it much easier to determine that this current Supreme Court is illegitimate.

[onenote]

6. I hope I'm wrong.

But with this Court, it would be foolish to assume that the majority will follow precedent (which is what I fear Tribe is doing).