Thing is the only case ripe for Supreme Court review is this one, having now also lost at the Third Circuit, but this is definitely not the case they should want to bring to the Supreme Court. The only issue before the Supreme Court would be a comparatively trivial procedural question: did the District Court judge abuse his discretion when denying Team Trump’s request to file a second amended complaint?

The sweeping substantive issues Team Trump wants the court to rule on would not even be before it. If asked to consider cert on this minor procedural issue the Supreme Court would almost certainly deny it. While legally the effects would not matter much, the optics would horrible. The Supreme Court would have refused to hear the case that Giuliani was crowing was going to the Supreme Court. There would be a strong case of finality associated with such a denial of cert.

For that reason, if I were Giuliani I would not even risk asking the Supreme Court to certify the case for review. It’s not worth the risk of denial. On the unlikely upside of the court taking the case and actually ruling in Giuliani’s favor, the only remedy is to remand it back to the District Court with directions to allow Giuliani to amend the Complaint and start the process all over again. The downside of denial of cert is devastating because it creates the public illusion that the Supreme Court rules against Trump on something that matters.

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Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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