Lower courts have previously ruled against Donald Trump in the case, determining a U.S. House committee has the authority to obtain the tax records.
Trump’s attorneys filed an emergency appeal to the Court on Monday, requesting a temporary hold on the Department of Treasury providing the tax returns to the House Ways and Means Committee, currently controlled by Democrats. The request comes as Democratic control of the powerful committee remains at stake in the midterm elections, and after a yearslong battle to obtain the sought-after tax returns.
“This will simply be viewed as something that the courts looked at carefully, decided that there is not a separation of powers concern,” he said.
The Supreme Court’s low approval rating could also motivate it to rule against Trump, Wu said.
However, Wu explained the Supreme Court justices care deeply about being perceived as nonpartisan and independent.
“Their own concern that they’re being viewed as partisan—they’re quite defensive about that,” he said.
