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Supreme Court rejects Missouri's suit seeking to delay Trump sentencing in New York case

By Debra Cassens Weiss

August 6, 2024, 11:33 am CDT

The U.S. Supreme Court on Monday rejected Missouri’s motion to file an original jurisdiction lawsuit contending that the conviction of former President Donald Trump in the hush-money election-interference case in New York undermines his ability to campaign and violates state residents’ First Amendment right to hear from him.

The Supreme Court denied Missouri’s motion to file the suit directly with the high court and dismissed as moot its motion seeking a stay of sentencing and a Trump gag order until after the November 2024 election.

Justices Samuel Alito and Clarence Thomas would have allowed the suit to be filed, but they would not have granted other relief.

Trump was convicted in May on 34 felony counts of falsifying business records to conceal a hush-money payment to adult film actress Stormy Daniels. The Manhattan district attorney’s office had contended that the cover-up violated state election law.

“Missouri has a strong, judicially enforceable interest in its citizens and electors being able to hear Trump’s campaigning free from any gag order or other interference imposed by the state of New York,” said Republican Missouri Attorney General Andrew Bailey in the proposed suit.

The gag order, which was modified after the trial, now allows Trump to comment on witnesses and jurors in the case. He cannot, however, disclose the identities of jurors and cannot comment on court staffers, the prosecution team and their families until after sentencing, according to the Associated Press.

Besides the Associated Press, publications covering the Supreme Court’s refusal to hear the case include SCOTUSblog, the New York Times, Bloomberg Law and Reuters.

The New York Times described Missouri’s suit as “audacious,” while SCOTUSblog and Bloomberg Law called it a “long shot.”