With the First Presidential Debate Thursday Night, I Don’t Expect Trump Immunity Decision Until Friday at the Earliest

The Supreme Court has over a dozen cases left to decide. The next date for announcing opinions is Wednesday. The Court has not yet announced whether there will be opinions on Thursday or Friday of this week (I suspect on both days). It is also quite possible, given that almost all the remaining opinions are major ones, for some opinions to be released early next week, taking us into July (that happens occasionally at the Court).

The Court really slow walked the Trump immunity, case, all but making the completion of a trial before the election in D.C. on 2020 election subversion charges impossible. Given the delay, I don’t think any of the Justices think that it will make a difference if the opinion (if ready) comes out this Wednesday compared to next Monday in terms of timing for a trial.

But it would be huge to the debate if the day before or the day of the debate the Supreme Court announced some principles of Trump immunity. Whatever the Court does (and I expect they will recognize at least some immunity from some official acts in some circumstances), it could be spun as a Trump win or loss.

Chief Justice Roberts likely would not want the Court injected so much into the Presidential debate. That suggests nothing before Friday at the earliest.

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