Why was the Supreme Court so focused what-ifs in Trump's immunity claim?

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

“During the Supreme Court’s immunity arguments, a majority of the Supreme Court seemed more concerned with the future what-ifs than the here and now. Is there anything that constrains them to confine themselves to the question before them? If they cannot do that in this case, we stand to lose our right to hear Trump’s other trials before the 2024 election.” — Lori G., Kansas City, Missouri Hi Lori, The only thing constraining the Supreme Court is the late Justice William Brennan’s “rule of five.

As Trump appointee Neil Gorsuch said at the hearing, they are writing a rule “for the ages.” Of course, the court doesn’t always do that. Recall Bush v. Gore, which tipped the 2000 election to the Republican. The court stressed there: “Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.

 

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