I think this is a correct statement; however, what I don't understand is how is it possible that one judge ordered a discovery of thousands of docs where is supposed to be part of hard evidence, but the docs are still protected from public view or even the plaintiffs to present to SCOTUS or whoever needs to prove the truth of the case
Yes, but significantly, the SCOTUS could rule that the Net Worth Sweep shall be set aside as required under the APA for the Constitutional violation. Would they need to decide on the direct versus derivative question as well as the Succession clause question? Probably so to clarify for other shareholder cases making their way throughout the Federal Courts. Also MC will likely become fireable at will by POTUS.
I think Seirra Club was more about the majority following precedence than ideological viewpoints (e.g., Sears case).
"scotus does not have the hard evidence to rule on the merits. They are ruling on questions on law not an examination or investigation of the evidence in the case."
Funny you should mention that here. Most on this message board think they saw Sweeney pulling a little red wagon with 11,000 documents over to the SC for its perusal. Thery saw no such thing. I suspect members of the SC know very little about how F&F arrived at the rim of this cesspool of poltics.