“The #credibility of the court is on the line, & they risk looking very #partisan, depending on not just what they do but how they do it,” Waldman said.

“What made the Court’s 1974 ruling in the #Nixon …case so profound was not its reasoning, but the fact that it was an 8-0 repudiation of Nixon by a Chief Justice he had appointed. I certainly hope that the Court finds a way to present a united front in whatever it decides in #Trump’s case. But…I’m not optimistic,” Vladeck wrote.

#SCOTUS #law

If the trial doesn’t start by Election Day, the fate of Smith’s case might depend on the election’s outcome. #Trump could tell his AG to drop the case if he wins.

Waldman is watching whether #SCOTUS rules unanimously — as it did in 1974 when it ordered President Richard #Nixon to hand over the #Watergate tapes, another important case on the limits of presidential #power — or the ruling is divided along ideological lines.

#law #PartisanCourt #ActivistCourt #CorruptCourt