"The effect of this order is confined to this proceeding."

[Prairie Gates]

So ends the first paragraph of the Cannon dismissal in the documents case.

The argumentation is more general - claiming Smith's appointment is unconstitutional in principle, and all of his funding violates the Appropriations clause of the Constitution as well. Since both Cannon and everybody else knows a second case is proceeding in another district, this sentence is doubly meaningful. First, and most obviously, Cannon is acknowledging that she only has the power to make a ruling on a case that she was assigned to in her own district. Yes, fine. That's the manifest meaning of "The effect of this order is confined to this proceeding." The secondary meaning, however, is an invitation to the Supreme Court to get itself involved, and quickly.

If the special counsel's appointment is deemed unconstitutional in one federal district, while a case by that same special counsel proceeds apace in another, we have a constitutional issue on our hands. Appealing up through the circuit courts is certainly the proper order of events, but it won't answer the general question. How can the special counsel's appointment be unconstitutional in the Southern district, but perfectly constitutional in the District of Columbia? That's an intolerable constititional situation that the Supreme Court will have to jump in on.

[bigtree]

1. that makes this even more ridiculous

...wonder how the public will feel knowing that Trump judges are arbitrarily blocking the path to his prosecution?

[Fiendish Thingy]

2. The constitutionality of SC's was already adjudicated in Meuller. Nt

[Prairie Gates]

7. Chutkan can force the issue by finding just that

No doubt Trump's people will be amending any filing in DC on this issue immediately, with Cannon's decision as the new material. If Chutkan says no bones, and we're moving forward, that will force the hand of courts upstream.

[Ocelot II]

3. How can a special counsel appointment be unconstitutional

only in one federal district in Florida and not anywhere else? Judge Chutkan gets to keep on going in D.C., I guess. Why didn't Trump's counsel make the same argument in that case (though I suppose they will now)?

[live love laugh]

4. If Trump gets control the case is toast. He'll give it the classified documents treatment.

[bucolic_frolic]

5. That's an intolerable constititional situation that the Republican Supreme Court will have to jump in on.

[Prairie Gates]

6. Correct

[Qutzupalotl]

8. Shades of Bush v. Gore

in that it's not to be used as precedent anywhere else.

The 11th should boot her over this. Should.

[LetMyPeopleVote]

9. Under Cannon's and Thomas' reasoning, Hunter Biden's conviction needs to be reversed

Loose Cannon does not want Hunter Biden to be able to use this opinion

Link to tweet

[Prairie Gates]

10. The new conservative reasoning is that Special Counsel appointments count

if you were ever confirmed as a US Attorney. Never mind that that makes no sense at all. That way they can have Weiss and Hur count while still dropping Smith. It also, through some bizarre reasoning, admits Mueller to the OK club, even though he was confirmed as US attorney in 1998, and had been out of that position for 15 years at the time of his special counsel appointment. I mean, we're truly in crazy land now.

[Zeitghost]

11. I could be off here

But aren't all Judge's rulings limited to their particular case? With an appeals court limited to their district and the Supreme Court setting president nationwide.

[Prairie Gates]

12. Yes, as stated in the OP

"First, and most obviously, Cannon is acknowledging that she only has the power to make a ruling on a case that she was assigned to in her own district. Yes, fine. That's the manifest meaning of 'The effect of this order is confined to this proceeding.'"