Newsweek - USA (2020-01-03)

(Antfer) #1

NEWSWEEK.COM 31


other reason lower court decisions don’t necessari-


ly predict high court outcomes. Lower court judges


are bound by Supreme Court precedent; Supreme


Court justices are not.


Compromise?


the trio of subpoena cases now before the


court each present distinct issues. Accordingly, their


outcomes may vary, and there is room for compro-


mise among the justices.


The first case involves a subpoena that the late


Elijah Cummings, then chairman of the House Over-


sight and Reform Committee, issued to Mazars this


past April. It seeks, among other things, “all statements


12 federal judges took part, with nine voting against


Trump. The appeals court rulings were authored by


three eminent circuit judges with, between them,


92 years of experience on the bench.


Still, in today’s politically polarized world, count-


ing lower court rulings is a poor way to predict Su-


preme Court outcomes. Eight of the nine judges who


ruled against Trump were appointed by Democrats,


while all three who voted for him were Republican-


appointees. (Two additional Republican appeals court


judges also voiced disagreement with the rulings by


requesting, unsuccessfully, reconsideration of the


case involving the congressional subpoena to Mazars.)


F Even apart from political allegiances, there’s an-


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IT SEEMS INCREASINGLY DOUBTFUL


THAT (THE COURT) WILL ORDER A QUICK,


CLEAN TURNOVER OF THE PRESIDENT’S Crown Jewels.

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