Trump’s Gag Order Was Upheld. That Gives the Supreme Court a Huge Opportunity.
SlateOn Friday, the U.S. Court of Appeals for the D.C. As the Supreme Court awaits defendant Trump’s motion for a writ of certiorari seeking review of the circuit court gag order opinion, it is burdened by a historically low level of public trust. Circuit ruling, the best and fastest approach would be to simply deny Trump’s motion seeking Supreme Court review and allow the D.C. Circuit’s ruling to stand. But even beyond the strength of the D.C. Court of Appeals’ legal analysis, there exists an undeniable human reality, Trump’s attacks on judges, law clerks, and the justice system—including his screed when the court ruled against his attempts to withhold his tax returns—that the court has, among other criticisms, “lost its honor,” have surely been taken personally by members of the Supreme Court and staff. Denial of Supreme Court review will reinstate the gag order and bring an immediate halt to at least some of the harm inflicted by Trump’s uncontrollable behavior.