Trump’s attorneys filed an emergency appeal to the Court on Monday, requesting a temporary hold on the Department of Treasury providing the tax returns to the House Ways and Means Committee, currently controlled by Democrats. The request comes as Democratic control of the powerful committee remains at stake in the midterm elections, and after a yearslong battle to obtain the sought-after tax returns.

Wu, a Washington, D.C.-based attorney specializing in white collar, criminal and higher education matters, told Newsweek on Monday that he was skeptical Trump’s request would be successful. He explained the Court must determine whether there is a separation of powers clash, and predicted it will uphold previous courts that have ruled against the former president.

“This will simply be viewed as something that the courts looked at carefully, decided that there is not a separation of powers concern,” he said.

The Supreme Court’s low approval rating could also motivate it to rule against Trump, Wu said.

Americans’ approval of the Court has dropped to record lows in recent months, notably after it overturned Roe v. Wade, the case that guaranteed abortion rights across the U.S. A September Gallup poll found 58 percent of Americans disapprove of the Supreme Court, while only 40 percent approve of it—its worst poll of the century.

However, Wu explained the Supreme Court justices care deeply about being perceived as nonpartisan and independent.

“Their own concern that they’re being viewed as partisan—they’re quite defensive about that,” he said. “I think that’s an added reason they won’t take it. It’s not a legal reason, but I think it’s a matter when it’s so blatantly a political issue. I think they’re just going to not want to touch that.”

Trump’s request could falter because it is “overtly political,” Wu said. Trump’s attorneys accused Congress of seeking his tax records for political reasons. The committee has said the purpose is to ensure the Internal Revenue Service (IRS) is properly auditing U.S. presidents.

“He always conflates it with the idea that this is all political. In that way, they probably hurt themselves because it’s obvious that they have a political agenda,” Wu said.

Former federal prosecutor Neama Rahmani told Newsweek the case is “really new ground” and that the law is “clear [Congress] can get access to tax returns and it’s upon request.”

Still, he said he believes Trump’s request “may have a chance of success” because the Supreme Court has previously ruled there needs to be legislative reasons for these returns, “not just because you want to go after the president.”

It remains unknown exactly how long a temporary hold would last on the case, but Rahmani said the request could be an attempt to push the case back until the midterm elections, when Republicans are forecasted to take control of the House and would be unlikely to continue probes into Trump.

“Some of it’s just—you litigate to win. But even if it stalls until after the midterms and the new Congress in 2023. This is something a new committee probably wouldn’t pursue if it’s a Republican-controlled House,” he said.

If the Court rules against Trump, his tax returns could be delivered to Congress by as soon as Thursday, according to the Associated Press. Lower courts have previously ruled against Trump in the case, determining the committee has the authority to obtain the records.

“If allowed to stand, it will undermine the separation of powers and render the office of the Presidency vulnerable to invasive information demands from political opponents in the legislative branch,” Trump’s attorneys wrote in the request, Reuters reported.

Newsweek reached out to Trump’s office for comment.