BRACK: Getting out of tight spot by kicking the can down the road

U.S. Supreme Court, via Unsplash.

By Elliott Brack
Editor and Publisher, GwinnettForum

JULY 5, 2024  |  With all the leaks about upcoming cases out of the U.S. Supreme Court, it’s not beyond reason that another disclosure of inside information could come out of the court. 

Perhaps it might go like this, on the question of immunity for a sitting president.  If it happened in this manner, we learn that there are many ways to toss a hot potato.

This leak could be from the SCOTUS coffee room.  Justice Sonya Sotomeyer was perhaps trying to make the point that no person is above the law.  

We pick up the possible conversation from our own Georgian, Justice Clarence Thomas: “Oh, of course, Sonya, we all know that. We just don’t want to rule that way just now, but can wait until after November.”

“That’s right,” chimed in Justice Samuel Alito: “We can now just kick the can back to one of our appeal courts for a while, and suggest that they revisit that question. We do it all the time when we want some breathing room, as my fishing buddy Paul suggests.  It’s just June now, and we all know Appeal Courts take most of the summer off, so the Appeal judges won’t take it until maybe late September or October. Then it will take some weeks until we get the issue back.”

Justice John Roberts: “Now let’s be sure that we don’t look too partisan in all this. We must protect the integrity of the Roberts court.”

That’s where Elena Kagan chimed in, somewhat miffing Roberts: “Well, you crossed that bridge a long time ago.”

One of Trump’s appointees, Justice Brett Kavanaugh, tut-tutted Justice Kagan: “Hold on, Elana, let’s not squabble over this. We just want to appear that we are at least reasonable in the way the public looks at us. Then there’s…. (words not clear.)”

Then again the voice of Justice Roberts, who might ask Justice Amy Coney Barrett: “What does the Pope think about this?”

She might have replied: “Now, now, John, you know the Pope would never even attempt to influence something like this.  God wouldn’t let him, and anyway, the Pope is too pure. It’s the American Council of Catholic Bishops that I hear from. They are my key contact, and our political lobbyists, and I hear from them all the time. They always have a view. They like trying to keep Trump in office, for he’ll let them do anything they please.”

Roberts, even the presider, turned to Samuel Alito when he asked: “Your thoughts, Samuel?”

“Oh, I haven’t jelled in my mind about this important question as of yet. You see, my guy at the flag company association is on vacation in Yemen.”

Newcomer Ketanji Brown Jackson: “I’m new to this procedure. Don’t you try to use more legal standing than this type of talk?”

Justice Thomas could say: “Oh, we like to pay homage to it with our public announcements, especially to the Founding Fathers. Sometimes it is useful. We’ll always state it in ways that look like it could be irrefutable from a legal viewpoint.”  

Roberts agreed: “After all, sending back to Appeals is only a temporary move. We all know we must eventually say there’s no presidential immunity, and that no man is above the law.  It’s just not the right time to say so now.”

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