THE LAWFARE CONTINUES

Shame on Roberts and Barrett.  That said, seems to me if you’re going to seek relief at the Supreme Court, the relief is not to stay the sentence while you pursue appeals in the New York system, but the relief is to have the case thrown out because it is a continuing violation of the Supremacy Clause, federal jurisdiction, etc., as I have argued repeatedly.  Now, you are left to ask the New York state appellate courts to, among other things, reject their jurisdiction and enforce the earlier Supreme Court immunity decision.

That said, the 4-constitutionalist justices knew that they needed to step in to end lawfare against an incoming president and the abuses of basic due process by the prosecutor and the acting state judge.  And they were right.  There is no written opinion, just a short order, so we will never have the benefit of any of their thinking. 

Roberts and Barrett have taken the easy and lazy way out.  But the precedent has now been set, regardless of what the Supreme Court does in some future date.  They have sanctioned the process even if later they reject the substance.  Moreover, if the High Court does ultimately take the case and reject the outcome, why would it wait, why would it tolerate an unconstitutional process, why would it permit this to linger over a sitting president contrary to the long-standing position of the Justice Department?  The answer: Roberts and Barrett do not want to be criticized in the broader media and are very sensitive to criticism.  This happens way too often to Republican appointed justices.