Hours after Smith filed his request Monday, the court said it would consider the request on an expedited basis.
“Petitioner’s motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondent is directed to file a response to the petition on or before 4 p.m. (EST) on Wednesday, December 20, 2023,” the court wrote. The response does not mean the court will take up the case — only that it will consider the request in an expedited fashion.
[Well, it’s better than a no for Smith, but it’s not exactly a swift embrace either. Both sides have nine days to file motions on the question. Trump came out against Smith’s plan for an expedited appeal; we’ll see whether that’s because he thinks Smith will win, or more because it would eliminate some opportunities to delay action. — Ed]
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