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Clearing the Legal Hurdles: How Trump Can Reach the Supreme Court – Flopping Aces

How do you get to the Supreme Court? You can follow New York’s rules and the federal process, but you can’t wait for the entire appeal process in New York because the purpose of this case is to interfere with the election. So, you can file a writ of certiorari to ask the Supreme Court to intervene. However, the state court is not done, and there is no federal statute providing a path to the Supreme Court.

There is another way: a common law writ, which goes back to British common law. It allows justices to take up cases with significant issues, and this case triggers virtually every issue that could make its way to the Supreme Court. The issue now is to get out of the New York system and bring the case to the Supreme Court. This situation is even more critical than Bush v. Gore because it involves a state court seizing federal jurisdictional authority over a federal presidential election.

To proceed, you would file an emergency notice of appeal, seek an expedited or emergency review from the New York appellate court, and then file applications for the common law writ with the U.S. Supreme Court, arguing that the harm is immediate and ongoing. The Supreme Court could take action if it chooses, addressing the federalization of what took place in the Manhattan court and the precedent it might create if left unchecked.

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