In a recent development, President Trump's legal team has been dealt a blow as they have been blocked from utilizing delay tactics in their ongoing legal battle. The court ruling stated that they only have until next Monday to file an emergency request with the Supreme Court. While they plan to do so, their options for recourse are limited.
Typically, a party that loses a federal court of appeal can choose to take the case to the whole appeals court or the Supreme Court. However, the order issued by the court states that unless the Supreme Court intervenes, the case will be sent back to the trial court on Monday. It is anticipated that President Trump's team will appeal to the Supreme Court, but whether the court decides to take the case or rule on it remains uncertain. As a result, the trial will not proceed as planned on Monday.
Regarding the possibility of adding the case back to the court calendar, it would require the trial court to reconvene and assess the preparations. However, the Trump team seems content with the delay tactics, as long as the case is paused more than it progresses. They may also opt to go en banc, which means requesting a review by the entire circuit rather than just the three judges who made the ruling.
It is worth noting that one of the judges on the panel that issued the ruling is conservative and has previously ruled in favor of President Trump. Despite this, there won't necessarily be any bias in future opinions or rulings of the Supreme Court if the case reaches that stage.
The recent per curiam decision by the court was unanimous and delivered in a strong, forceful manner. This indicates that the judges are in agreement and may serve as a signal to the Supreme Court about the consensus among the panel. However, the Supreme Court is not obligated to follow the previous decision, known as 'stare decisis,' and they may evaluate the case independently.
While President Trump's attorney believes it is unlikely for the Supreme Court to overturn the ruling, the final outcome of this legal battle is still uncertain. The next step will be submitting the emergency request to the Supreme Court, which will have significant implications for the future of this case.
