I would have been shocked if they took it. This is a blow to all the Trump allies saying they don't have to comply with the select committee because of executive privilege.
Trump can try again with future tranches of docs -- if he enjoys losing 🤣.
Trump tried to argue that his appeal raised serious constitutional issues.
SCOTUS wasn't buying it.
Remember, this was an appeal from the denial of a preliminary injunction.
In fact, Trump failed to show why he should get a preliminary injunction.
3/
This is a bit of a slam. Even if he were the incumbent president, his claims would fail (because he failed to meet the requirements for getting a preliminary injunction!)
Only Thomas would have granted the application.
4/
And nobody wins as biggly or as often in the Biggliest Supremer court as Trump. Believe me. It's incredible.
Continuing right along, after that little interlude.
What does this mean? Because Trump was appealing from the denial of a preliminary injunction, it was only partly on the merits.
To get a preliminary injunction, he needed to meet 4 elements. He didn't. So he failed.
5/
He might stand a better chance of getting into the Supreme Court on the merits . . . but here's the kicker.
By the time that happens, the select committee will already have all the docs and will probably be entirely finished and will have done live their hearings . . .
6/
. . . so the issue will be moot as far as Trump is concerned.
In other words, the slowness of the courts will HURT him for once instead of work to his benefit.
Poor Trump 🎻
7/
Kavanaugh's statement is sort of convoluted.
As I read it, he doesn't like some of the language in the appellate court opinion, so basically he's just restating (reaffirming) the doctrine from US v. Nixon and saying that Trump loses anyway.
It's just easier to destroy rule of law than to preserve it.
It's easier to dismantle a government than to use government to improve the lives of the people, particularly when another party is trying to dismantle the government.
That's why Republicans have the easier task.
Huge advantage: Right-wing authoritarians fall in line. They prefer to move in lockstep.
On the other hand, if you want to move forward and improve people's lives, there are lots of different paths and people disagree on how to best move forward.
This should matter. Trump came to power on two lies
🔹"I'm a successful businessman" positioning him as a strongman and winner, and
🔹Birtherism, signaling that he was a white supremacist tapping into white grievance.
1/
Back when I was naive (2015) I thought it would matter if his base had to grapple with the fact that he wasn't successful: He inherited wealth and then cheated and swindled.
Now I'm afraid lie #2 Birtherism matters more and brazen lying and cheating is part of his appeal.
2/
But . . but . . . I was absolutely assured that the DOJ is not investigating Trump.
My position has been: I'll take Merrick Garland at his word because I have no reason not to, and Garland said the DOJ is working its way up and following the facts.
But under the insurrection act, the military would still have to be willing to keep Trump in power beyond January 20, the date, under the constitution, his presidency ends . . .
People have the idea that indictments of political figures will save democracy.
I've written about what's wrong with that idea. See, for example⤵️ (there is a transcript on my blog).
The idea that there is a magic bullet is also sort of lazy.
I live in a blue town in a blue state (in a sea of pink). The right-wing is very energetically vying for control over the local school board and local government.
Meanwhile, other people have the idea that if Trump gets indicted the right-wing will crumble . . . so they wait.