Serious question for our DU legal eagles

[angrychair]

so trump lost his case in court today and is now appealing to the 2nd Court of Appeals.

I'm confused.

So can he appeal this right back up to the USSC again??

[The Velveteen Ocelot]

1. He can try. The Supreme Court has to agree to hear it, though;

with a very few exceptions appeals to the Supreme Court aren't automatic and I wouldn't expect them to accept this one, since they already shot it down and remanded it.

[Gothmog]

2. He can try but it is likely given the weakness of the case, they will reject appeal

[BamaRefugee]

3. Everything is about stalling the progress of the case.

[ProfessorGAC]

7. This!

Until some judge starts issuing citations for contempt, they'll continue their 4 corners tactic.

[Journeyman]

4. It's not how far up he appeals, but how far out he can extend any final decision . . .

If it requires an appeal to the Supreme Court (something the Court would most likely reject, having already ruled on it), that's where Trump will try to take it, all in an effort to stave off a final decision before November 3.

[Timewas]

5. wasting time

Just attempting to kill time so it doesn't come out before the election.. He doesn't want people to know that he is not rich and actually is over his head in debt just for starters

[qazplm135]

6. In theory, yes

the Supremes allowed him to raise other issues at a lower court, which he is doing.

Those issues will work their way up the appellate process again, just like before.

That doesn't mean it will take as long or the Supremes will grant cert...but it is still the same process.

And as I have said repeatedly and been mocked for, even a fast "this is BS" appeal process will almost assuredly take longer than election day. It took what almost two months just at the district level? It will take at least as long at the appellate level IMO.

[jayfish]

8. No Legal Eagle But;...

I believe cases go up the ladder based on procedural issues rather than the case itself. For instance, you can appeal if you believe a warrant was improper and led to conviction but you can't appeal simply because you think you're not guilty.

[BamaRefugee]

9. But if new evidence is uncovered about your innocence, you can appeal. but the words "trump" and

'innocence" have never appeared together.

[The Velveteen Ocelot]

10. But that issue is irrelevant to this case.

This is a procedural matter having to do with whether Trump has to obey a subpoena for his tax returns issued by a state court. It has nothing to do, at this point, with questions of guilt or innocence.

[BamaRefugee]

11. I understand that, but you didn't specify that you were referring only to this case.

[StarfishSaver]

12. It's possible to appeal both procedural and substantive rulings

But at this stage of this particular case, no substantive rulings have been made since the case has not yet gone to trial. The only decisions that have been made so far are related to procedural matters, i.e., primarily whether the state has the right to do certain things.