Maybe Thomas can convince the other justices that Smith has no legal authority to prosecute Trump, and the case must be dismissed with prejudice.
I might be wrong, but I think there is one of those silly Supreme Court sorority rules that they don’t get together and talk about the cases.... they all prepare their ruling separately.
But I might be wrong on that.
The problem is that getting rid of Smith ends the case without addressing presidential immunity. Trumps lawyers want the ruling on immunity before they go after Smith. If they dont get immunity, then Smith is fair game, but immunity ends several cases.