President Donald Trump has vowed to appeal the trial date set by a federal judge for his upcoming lawsuit in Washington, D.C.
However, his chances of success are slim. Generally speaking, appeals of trial dates are not successful unless there is an emergency or a compelling reason to consider postponement.
In Trump’s case, the court has already found there is no emergency or special circumstances that merit changing the trial date. The court believes the date currently set is necessary to ensure the orderly administration of justice and to prevent undue prejudice to either party.
Moreover, precedent suggests the court will be reticent to change the trial date. Most appellate courts are unwilling to change a trial date unless the original decision was arbitrary and capricious or is an abuse of discretion. Moreover, this is a civil trial and not one that requires immediate attention.
Trump may also face an uphill battle because he will almost certainly need to get permission from the appellate court to bring the appeal. Generally speaking, appeals are not granted as a matter of right, and the appellate court must usually give permission to consider the appeal.
In sum, while President Trump may attempt to appeal the trial date set for his upcoming lawsuit, his chances of success are slim.