SCOTUS’s Grave Disservice To The American People & Rule Of Law

For five months, the Supreme Court has been thwarting the trial in United States v. Trump, likely the most important criminal trial in American history and certainly the most important of the four criminal cases brought against former President Donald Trump.

The case involves whether or not Trump is held accountable for his unprecedented attempt to overturn the results of the 2020 presidential election.

The Court has stopped the trial in the case from moving forward since December when it refused to take the case on an expedited appeal. This five-month (and counting) delay has created the appearance, if not reality, of pro-Trump bias.

The Court has done a grave disservice to the American people and to the rule of law.

Everyone, including the nine Justices, knows that Trump’s overriding goal is to delay a trial of this criminal case before the November election, so that, if Trump wins, he will instruct the Justice Department to immediately drop the case.

In December, district court judge Tanya Chutkan ruled against Trump’s indefensible claim that as a former President he had absolute immunity for any criminal actions he engaged in while President.

Special Counsel Jack Smith asked the Supreme Court to expedite Trump’s appeal directly from the district court ruling, skipping the D.C. Circuit Court of Appeals. This was the first opportunity for the Court to recognize how important this case is to the American people. It failed, rejecting Smith’s request.

The Court eventually got the case (after the Court of Appeals also rejected Trump’s immunity claim) but continued its leisurely pace by not scheduling oral argument until April 25, the last day of oral argument in this Term.

It is now nearly a month since oral argument and five months since the immunity issue was first raised with the Court.

There is no excuse for the Supreme Court taking so long to act on a case that is of historic importance to the country.

Today, May 22, marks 27 days since oral argument.

It took the Court just 25 days after oral argument to issue an opinion favorable to Trump in Trump v. Anderson, the Colorado primary ballot case.

Voters have a fundamental right to know — before they vote in November — whether Trump is guilty or innocent of the unprecedented criminal charges against him. Voters have a right to know whether or not they are voting for a convicted felon who tried to steal a presidential election.

That will happen only if a trial occurs before the election.

The Supreme Court has now seriously jeopardized, if not ended, the chances of that happening and each day that goes by without a decision increases the threat to a timely trial.

The question of whether the Court is slow-walking the case becomes all the more suspicious with the recent report of a U.S. flag flying upside down — a symbol of the MAGA “Stop the Steal” movement — at Justice Samuel Alito’s house in the days immediately following January 6.

Even if, as Justice Alito claims, his wife was responsible for the flag, the Justice failed to quickly remove it, thereby appearing to support the flag’s message.

The message sent by Justice Alito represents a clear and troubling appearance of pro-Trump bias and requires that Alito recuse himself from the Trump immunity case.

Justice Clarence Thomas also should have recused himself from this case from the outset. Justice Thomas has a clear and troubling appearance of a conflict of interest in the case stemming from his wife’s active involvement in Trump’s effort to overturn the 2020 election.

Recent Court history shows that the Supreme Court can move quickly when it wants to act.

None of these past cases was as important as this immunity case, which deals with a frontal attack on our democracy.

The Court is ultimately expected to reject Trump’s claim of absolute immunity and remand the case back to the District Court for further consideration of the immunity issue.

The Court by its failure thus far to issue an opinion has shown rank indifference to the events surrounding Trump’s January 6 coup attempt and disregard for the need for voters to know whether or not they are voting for someone who orchestrated that coup attempt.

The Court’s integrity and credibility already have been seriously damaged by its handling of the Trump immunity case.

Just how long will the nation have to wait for the Supreme Court to act?

This was adapted from a piece that appeared in Wertheimer’s Political Report, a Democracy 21 newsletter that’s published on Thursdays. Read this week’s and recent newsletters here. And, subscribe for free here to receive your copy each week via email.