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language in rose that would supply basis for this court to entertain the immunity claim. now why aren t you taking the position that we should dismiss this appeal because it is interlocutory? doesn t that advance your interests? our interests are two fold. one, as the united states versus nixon it is doing justice. and second is indeed to move promptly to satisfy and vindicate the public s and the defendant s interest in a prompt resolution of this trial. but doing justice means getting the law right, and it is our view that even if a dismissal on jurisdiction might move this case faster, that s hard to know, we just don t think that s the right analysis here on either immunity or the second claim. we have a line of cases including cramer versus gates and american hospital association versus azar, it says we can assume hypothetical statutory jurisdiction and reach the merits of a case.

Supreme courtDoesn tImmunity claimAren tRichard nixonU sDoing justiceSteel seizure caseCramer versus gatesAmerican hospital association versus azar