It takes two to tango, but five to dance with Supreme Court

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted December 18, 2023 10:21 AM

The late Justice William Brennan often taught his law clerks the rule of five — “the most important rule in constitutional law is that with five votes you can do anything.” That remains true.We were reminded again last week the Supreme Court has a second rule of five that is important to understand.Smith goes to WashingtonIn a rare move, special counsel Jack Smith submitted a request to the Supreme Court to expedite the question of whether former President Donald Trump is immune from criminal prosecution …

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