What appears to be the likeliest outcome, rather than issue a clean opinion, w the court will
kick the question back to either Chutkan or the appellate court (at least two justices including Chief Justice John Roberts were unimpressed with the appellate panel’s hasty decision) to identify which allegations in Smith’s indictment might represent “core functions” and which allegations fall under the category of personal or private conduct. That process will add at least a few months to a calendar already ticking down to the election.