BREAKING: Trump administration files emergency application to halt census count at the Supreme Court
Federal government wanted to stop count by end of September but was blocked by a district court and the 9th circuit declined to lift the stay. Now Trump administration is asking the justices to intervene.
BREAKING: SCOTUS reinstates witness requirement for South Carolina mail-in ballots, blocking lower court order that had waived requirement due to COVID-19.
No noted dissents. Justice Kavanaugh is the only justice to explain his reasoning in this concurrence
Thomas, Alito and Gorsuch would have reinstated the witness req. for all ballots. But the majority waived that requirement for ballots that have already gone into the mail and are received by this Wednesday.
Gist of the decision, which is 7-2 (with Alito and Thomas in dissent): lower courts did not take an adequate look at the special concerns involved when Congress subpoenas information about a president.
We'll know shortly after 10am whether the Supreme Court will allow Congress & a NY prosecutor to enforce subpoenas they've issued for years Donald Trump's tax and financial documents.
I've been thinking this morning about what Chief Justice Roberts is thinking about these cases.
Roberts is an institutionalist who cares deeply about how the Court is perceived by the public. He would not want to be seen as shielding Trump from scrutiny to bolster his faltering re-election prospects.
But he wouldn't want to be seen as interfering to hurt Trump, either.
Roberts is also (though not always!) a judicial minimalist. He prefers to turn big questions into small ones.
A minimalist ruling here would involve remanding the case(s) to the lower courts with a standard for what's an enforceable subpoena against a president.
One of the two cases involving Trump's finances coming down from SCOTUS tomorrow is Trump v. Mazars, the congressional subpoena case. (The other, Trump v. Vance, involves a subpoena from a NY prosecutor.)
This is a thread about Mazars, which is really *three* different cases.
One involves the House Oversight Committee, which wants Trump's financial records from Mazars, his accounting firm, to investigate paramour payoffs thru Michael Cohen, potential emoluments clause violations and the like.
A second involves the House Financial Services Committee, which wants to see records from Trump's banks (Capital One and Deutsche Bank) to investigate money laundering and other financial crimes.