SC can’t do a thing until the case runs its course through NY state.
Oddly I knew someone would make that claim.
This is so extraordinary that they certainly can be asked using an emergency appeal to the court.
There’s nothing that says they can’t. Smith et al have been cutting legal corners and recently the DC panel cut Trump off from the possibility of an En Banc hearing, something that was unheard of. But the Three Amigas on that “court” did it anyway.
No reason that only the government can get away with stomping on procedure.