Summary
Transcript
It could actually be today. And that would be if, in fact, the case made it to what’s called conference. Let me tell you what the conference is. It’s on Fridays. The justices get together and they vote on, not on the outcome of the case, obviously, because the cases haven’t been fully briefed or argued, but they vote as to whether they’re going to hear the case. Grant petitions for.
Put. Put that petition up on the screen right here. So this is what we filed. The Trump Organization filed one as well. Let’s go ahead. There it is. So that’s the opening cert petition we filed that it could be in conference today. I did not see on the list, however, that it was distributed for conference. But this case is being handled more like a death penalty case. And in those circumstances, when it’s handled like a death penalty case, you may not see that kind of notation.
So it is possible we get an order. The normal order list is on Friday. For those cases that are granted review. Monday is usually the big orders list, which is hundreds of cases denied. So it is possible by, say, three, four o’clock, five o’clock eastern time, we get an order. Not guaranteed, but I’d say it’s a 50% chance. And that’s because the necessary documents are there. They could also order that.
They want some more documents. That’s correct. They could say, look, we want additional briefing. We want the position of the solicitor general. I thought about that yesterday. They often ask for the solicitor general’s position. They may ask for that here. I mean, in most cases that get filed at the US Supreme Court, you ultimately get an order that said, we’re not hearing the case. That that’s it. I mean, 99.
9% of cases, they don’t get heard by the US Supreme Court. The Court of Appeals is the last place they are heard. But people expect this one to be heard by the US Supreme Court, because you’ve got divisions all across the country in state and federal courts. You’ve got a Colorado supreme Court, you’ve got a secretary of state in Maine that hasn’t gone through a court system yet that did their kind of extra judicial process.
If this thing’s not resolved quickly, this is what’s going to start happening all over the United States. I mean, it already is. Do we have that map of where the litigation is? And the longer the United States Supreme Court delays, the more likely it is that this will spark a tsunami of litigation and petitions at many state court levels. And I think at the end of the day, it’s up to the Supreme Court to expeditiously and quickly in this nonsense and interpret the constitution carefully according to the original intent of the founders.
This thing’s very hard to predict exactly which way it’s going to go. They could issue an order with a, we could hear nothing for a week, and then we get an opinion, procure him with no oral argument, no additional briefing. Or they could ask for additional briefing and then say, we’re going to decide on the merits without argument, or then argument. The latest posting on the Supreme Court, our team member Nathan sent us, was that there’ll be a release of an orders list at 09:30 a.
m. On Monday. Yes, but that does not mean they will not release a miscellaneous orders list today. That’s what happens. So Mondays is the big orders list. That’s kind of always happening. Yeah, but there usually is a list on Friday of cases that are granted review, summary reversals, those kind of things that don’t fit into that Monday list. So we’ll see. But there’s no way to tell right now all the briefing is in.
So you’re going to kind of take a deep breath, keep thinking about the case, but you got to see what the court’s going to do before you do your next. You did say that unlike a lot of these cases where this briefing would be really more of the, they are surpitations and why you should, it’s a lot more merits than deep enough to where you could almost. The Supreme Court doesn’t necessarily have to ask for more information, though they certainly can.
They could. But I mean, I just looked at the brief that was filed by Patrick Strawbridge, law firm consonant McCarthy in the case, and it’s a merits brief, too. I mean, they say search to be granted, but here’s the reasons why. And they lay out, and one of the interesting things, and a lot of people are pointing this out is there’s a decision by Chief Justice Roberts where he says people do not elect officers.
People elect representatives, House members, senators, presidents. They do not elect officers of the United States. I think that is where the out is in this case. We will see if there’s another round of briefing. We will see if they expedite it. Expediting could also, Jordan, take three or four different venues. It could go expedited, meaning we’ll get arguments in and we’ll get the case done sometime this term.
Because under normal planning now, this case would probably barely make it. This term probably would not close. .