I am not a lawyer. I don’t even play one on TV. Nevertheless, here is my suggestion of what to do if the New York court attempts to interfere further with the national election of 2024.
Suppose the judge orders Trump to jail for 6 months, or to house arrest. Suppose he hits Trump with a wide-ranging gag order. Suppose he orders Trump not to leave the jurisdiction of the court, namely Manhattan. Suppose he does something else to limit Trump’s ability to campaign.
Appeals to higher courts will take months or years, far beyond the 2024 election. What might happen is that another state, say Texas, will sue New York State for election interference. That is, what the New York judge is doing is inhibiting Texans from participating freely in the electoral process.
Forget for a moment what the judge is doing to Trump and consider how the judge is affecting voters. The judge is blocking Texans from exercising their voting rights. They can’t come to a Trump rally – Trump is stuck in Trump Tower. They can’t see Trump on TV – the gag order won’t allow it. They can’t see Trump on stage with his rivals and compare them, as they did in 2016.
In most cases, it takes years for a case to wend its way through the various levels of appeals courts and reach the Supreme Court, if it ever does. But if one state sues another, the Supreme Court has original jurisdiction. That is, it can take up the case immediately.
Texas sues New York. The Supreme Court takes up the case without delay, so as to allow the 2024 election to proceed unimpeded. Sounds like a plan?
