Advisory Opinions

Sore Losers and Dr. Phil

Feb 29, 2024
Legal catch-up includes Trump's legal saga, NetChoice v. Paxton, McElrath v. Georgia, No Labels and Nikki Haley, Dr. Phil, Home Depot free speech, NCAA rules, AO dating app. Supreme Court stay application, justices' contrasting views, content moderation, double jeopardy cases, political strategies, employee speech rights at Home Depot, upcoming Supreme Court cases, NCAA injunctions, spending bill overturn unlikely, podcast-based dating app idea.
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INSIGHT

Court Decides Questions, Not Case Outcomes

  • The Supreme Court framed Trump's case as a narrow question about presidential immunity, not a full trial outcome.
  • That means the Court can decide legal boundaries and send factual determinations back to lower courts.
INSIGHT

Court Used Procedural Shift To Avoid Merits Signal

  • The Court converted the emergency stay into a cert petition to avoid prejudging merits while keeping the stay.
  • That strategy treats Trump like a normal defendant and likely delays trial timing pre-election.
INSIGHT

Narrow Ruling Likely Extends Litigation Timeline

  • Even if the Court narrows immunity, factual proceedings will return to lower courts causing more appeals and delay.
  • That sequence makes trials before the election highly unlikely.
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