General Discussion

onenote

(42,829 posts)

35. Typically the court will not rule on a question not addressed by a lower court.

Sun Dec 15, 2019, 12:19 PM

Dec 2019

Nor will they reach a question that they don't have to reach. That doesn't completely rule out a discussion of the issue by the court, but I suspect a majority will balk at reaching the question if they can decide whether the subpoena is valid on other grounds -- in fact, they might send the case back down to the lower court to address that issue if they think it is necessary to resolve the case

While it has been reported that the three cases have been consolidated, the court actually consolidated just two of the cases. The Vance case (the New York case) was not consolidated with the other two, although it is likely that the Court would schedule oral argument on that case for the same day as the two consolidated cases.

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35 replies

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Prediction: The SCOTUS ruling in June on Trump financial records will be 7-0 [View all] scheming daemons Dec 2019 OP

Significant that Scotus took the case. empedocles Dec 2019 #1

Gorsuch and Kavanaugh won't recuse. The Velveteen Ocelot Dec 2019 #2

maybe bench scientist Dec 2019 #3

Neither one will recuse. Nor should they StarfishSaver Dec 2019 #6

I like your prediction. Roberts has a history of doing what you have predicted. shockey80 Dec 2019 #4

Every now and then, Roberts gets a 2 a.m. Dickensian visitation from the Ghost Of Historians Future hvn_nbr_2 Dec 2019 #22

I also think the decision could very well be unanimous StarfishSaver Dec 2019 #5

I agree, no one will recuse themselves. shockey80 Dec 2019 #7

knowing the gop..... getagrip_already Dec 2019 #8

What do you mean by "it will be 5-12"? Polybius Dec 2019 #10

I was joking they would cheat.... getagrip_already Dec 2019 #18

The issue of whether the president can be indicted will not be an issue in the case onenote Dec 2019 #13

I said indicted.... getagrip_already Dec 2019 #19

I misspoke. But, no, the issue of indictment absolutely is not raised in any of the cases onenote Dec 2019 #25

Nys is attempting to get financial records for grand jury... getagrip_already Dec 2019 #29

I will quote the Second Circuit decision: onenote Dec 2019 #32

Fair enough... but? getagrip_already Dec 2019 #34

Typically the court will not rule on a question not addressed by a lower court. onenote Dec 2019 #35

Hopefully, you're not a betting person n/t Polybius Dec 2019 #9

That was my immediate thought Awsi Dooger Dec 2019 #11

Why would they recuse? onenote Dec 2019 #12

At least four justices voted to hear the case andym Dec 2019 #14

So the best it can be is 5-4 to release? Tiggeroshii Dec 2019 #15

Not necessarily... getagrip_already Dec 2019 #20

The outcome of this case could be the most critical we've seen in many, many decades. coti Dec 2019 #16

This message was self-deleted by its author Nature Man Dec 2019 #17

I predict 5-4 in Trump's favor. Garrett78 Dec 2019 #21

And the ruling will only apply for Republican presidens exboyfil Dec 2019 #31

I wonder if any of the justices will address the "president can't be indicted while in office" BS Goodheart Dec 2019 #23

Your words to God's ear sandensea Dec 2019 #24

Somehow, some way the returns will not be released before the election. Sneederbunk Dec 2019 #26

I wonder if Trump having promised to release the tax records numerous times weakens his brewens Dec 2019 #27

You are far more optimistic than I am Va Lefty Dec 2019 #28

5-4 for Trump edhopper Dec 2019 #30

They'll never recuse. Doing so would set a precedent for all future Justices Calista241 Dec 2019 #33