Has SCOTUS ever preemptively acted on a court case before the case is even heard?
I’m afraid Donald Trump will have to wait until the kangaroos have already done their thing. Then appeal to the Supremes.
The USSC doesn’t normally ever try cases, they’re not even really setup to manage evidence, or like to hear from witnesses. Normally it’s just elite lawyers in there reviewing existing case rulings with them. But Trump did already petition them for support in his Florida case, so it can happen early in a case, but even then it’s just for a sole procedural ruling I think, until the full case is decided. Levin is probably mostly concerned about using them for getting a change in the venue, to move it to another court, but that’s probably a longshot based on how such things work.
The Supreme Court has original jurisdiction in proceedings for extraordinary relief in the form of mandamus, certiorari, and prohibition.
And the current situation where a junta has taken power by fraud and is using the law as a political weapon is uncharted territory. The Supreme Court could go in several directions to put a stop to this abuse. They literally have final say over the actions of lesser courts.
It’s certainly no more of a power grab than Marbury vs Madison, or of the way they have used the commerce clause. They also technically had no right to intervene in the Florida election 2000 count... but they did. They basically declared it to be an emergency and stopped the count because of obvious abuse and chicanery.
We have that now in spades. If there was ever a case for the Supremes to assert primary jurisdiction, this is it.
It’s coming.
President Trump may be able to make the argument that the Supreme Court has original jurisdiction to hear the case directly.
Article III Section 2:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.Since the Democrats have absolute control over the departments of the United States and are using those departments to harass President Trump in advance of the upcoming election, Trump can make the case that the United States is a party to his case of abuse of power and whatever other legal terminology expresses the concern.
-PJ
In a case like this where a former Pres is running in the current election, it’s the urgency due to election interference. The SC wouldn’t be trying the case, they don’t due that, they could intervene by delaying the case auntil after the election given the circumstances. The whole thing is election interference and Trump has the Kegan right to run and not be hamstrung by these cases which are clearly designed to derail his campaign.
A better, and achievable solution has been raised by Matt Gretzky. The branch closest to We The People blocks it. Have some House Committee subpoena Trump to testify RE J6. And give him immunity for that testimony. Thus canceling this indictment. H*ll the Democrats spent 2 years telling their side of the story. The Congressional Record deserves Trump’s side. No new SCOTUS precedent needed. Zero Rat votes needed. Just majority vote from one suitable House committee. The only question is are enough House anti-Trump RINOs left in position to block it