First, I think ACLU violated the Court rule.
After a case has been argued or submitted, the Clerk
will not file any brief, except that of a party filed by leave of
Supreme Court Rule 25 (7).
Here is the complete Respondent’s Notice of Filing. My SCOTUS experience is limited so I can’t speak to whether the Court might just ignore it. Perhaps just decide it warrants a footnote in the opinion that is likely well along in the drafts. So ACLU must know the rule. They’re acting like it’s a big deal.
So, SCOTUS is seeing the unredacted material over which the Trump administration is claiming executive privilege. ACLU may have caught a big one but it’s under seal in the SCOTUS. But ACLU teed it up in NY in a contempt sanction motion so the district judge in #SDNY is in a position to have it flop out on the deck in public. And all SCOTUS will be left with is the stink.
Here’s a link to the SCOTUS Docket.