The Supreme Court rejected an effort by Missouri‘s Republican attorney general to delay the sentencing and undo the gag order on former President Donald Trump after his conviction in the New York hush money case.
Missouri Attorney General Andrew Bailey filed a lawsuit against New York in early July, arguing that the gag order on Trump violated Missouri voters’ First Amendment rights to hear him speak. This case was seen as unlikely to succeed at the Supreme Court due to the broad implications of allowing one state to intervene in another state’s criminal case.
The Supreme Court dismissed the case without comment. Justices Clarence Thomas and Samuel Alito, both conservatives, said that they would have allowed the lawsuit to proceed, citing their stance that the court is obligated to take cases of original jurisdiction, where one state sues another.
New York Attorney General Letitia James argued that permitting Missouri to sue would be an unprecedented and dangerous attempt to bypass Trump’s state court proceedings.
Bailey called the decision “disappointing” in a brief statement to X, accusing the Supreme Court of refusing “to exercise its constitutional responsibility to resolve state v. state disputes.”
Trump was convicted in May by a Manhattan jury on 34 counts related to falsifying business records connected to hush money payments to Stormy Daniels. A limited gag order currently prevents Trump from speaking publicly about prosecutors and court staff.
Bailey argued to the Supreme Court that the gag order and impending sentencing would unlawfully hinder Missouri electors’ ability to perform their duties, violating the First Amendment by restricting voters’ access to campaign speech.
The Republican attorney general also accused the New York prosecution of being part of a prolonged pattern of legal actions targeted at Trump over the past eight years.
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Meanwhile, Trump’s legal team has requested presiding Judge Juan Merchan overturn the conviction, referencing the Supreme Court’s recent decision on presidential immunity.
Trump’s sentencing is set for next month if the judge does not throw out the case in light of the immunity ruling.