US v. Trump Case Faces Up to 240 Days of Supreme Court-Induced Delays
While the US v. Trump case was very slowly making its way to and finally through the Supreme Court, concerned observers were keeping count of what was, ultimately, the extraordinary delay imposed on the case by the US Supreme Court.
As of the time – finally – that the Supreme Court handed down its ruling on the last day of its Term – July 1 – our careful count was that the Court had presided over a total delay of 209 days, or six months and three weeks.
Now it turns out that was NOT the end of the delay! Although the Court’s 6-3 split decision was handed down on July 1, the case has still not been remanded to the District Court for further proceedings.
Upon inquiry, we have been advised by the Supreme Court Clerk’s office that it is the Court’s standard practice to hold the file for exactly 32 days before remand. This, in turn, allows for the possibility of a motion for rehearing — which motion is apparently due no later than 25 days after the case decision is handed down.
And so, in sum, we must renew our vigil, with now as of today 10 days of further delay already tacked on to the previous 208. So that’s a new total of 218 days, with up to an additional 22 days before the file is released and remanded in de course under the Court’s standard procedure.
In sum, if the clock cannot be stopped, we are looking at a grand total of 240 days delay — essentially 8 months — either caused or condoned by the Supreme Court.