Trump v. Cook · ¶182

Had we adhered to this well-worn path and decided this application in October, the parties could have continued litigating this case in the lower courts. See, e.g., Doe v. Mills, No. 21A83 (Oct. 19, 2021) (Breyer, J., in chambers) (denying stay without prejudice to reapply after the lower court issues a final decision). By now, the District Court might well have granted summary judgment for one of the parties, providing a fuller exposition of the relevant facts and legal issues. Or perhaps the D. C. Circuit would have resolved an expedited appeal. Although the panel performed admirably given the four days that it had to decide the President’s stay motion, nobody can doubt that the panel would have produced more comprehensive opinions if it had even a fraction of the 280-plus days that this Court has spent with the case. Either way, this Court could have reentered the fray when we…

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