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What’s next in Trump’s immunity fight after Supreme Court filing

This could delay matters and create more uncertainty about the eventual trial date, depending on how quickly the court agrees to hear oral arguments and then issues a decision.

Grant Trump’s request

The court could decide to respond to Trump’s request without oral arguments and simply grant a delay.

If that happens, the court would issue a short written order saying it has granted Trump’s request. Usually this would explain the circumstances under which the break would expire.

Normally, such an order would be issued to give Trump time to appeal the lower court’s decision, which could take months.

There could be dissent if the court chooses this path.

Reject Trump’s request

If the court decides to deny Trump’s request for a break, the case would return to U.S. District Judge Tanya Chutkan to proceed to trial.

But the trial wouldn’t start right away.

The judge will still have to take into account all the time that the case has been effectively suspended, since the beginning of December, and give both parties time to prepare for trial.

Even if the Supreme Court immediately refused to grant Trump’s request and he went to trial, he could still later challenge his prosecution on grounds of presidential immunity.

Rule immediately against Trump

Some legal commentators have speculated that, given that this is a highly unusual case, the court might take the rare step of simply issuing a ruling affirming the appeals court’s ruling without hearing oral arguments nor request further information.

Such a result would be based on the theory that even if the justices believe the appeals court’s decision was correct, the Supreme Court should rule on the legal issue because of its national importance.

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