The process goes district court -> appeals court -> Supreme Court. Cannon is a district (trial) Court judge; if Smith chooses to appeal the dismissal (which he will because her dismissal reasoning is dogshit) it will go to the 11th Circuit in Atlanta. After the appeals court rules on the procedure used in the trial court (with NO NEW ARGUEMENTS!), then either party could choose to make a final appeal to the Supreme court- and we all know what they will rule on. However the Supreme Court is not obligated to take on cases referred from an appellate court. And nowhere in this process can they refer to a new trial judge.
In the unlikely event the law still applies to Donald Trump and this gets overturned on appeal, does this mean it can go to a new judge?
The process goes district court -> appeals court -> Supreme Court. Cannon is a district (trial) Court judge; if Smith chooses to appeal the dismissal (which he will because her dismissal reasoning is dogshit) it will go to the 11th Circuit in Atlanta. After the appeals court rules on the procedure used in the trial court (with NO NEW ARGUEMENTS!), then either party could choose to make a final appeal to the Supreme court- and we all know what they will rule on. However the Supreme Court is not obligated to take on cases referred from an appellate court. And nowhere in this process can they refer to a new trial judge.