SCOTUS rejects Missouri AG's lawsuit against New York, requests to block Trump's gag order and sentencing

By 
 August 8, 2024

Former President Donald Trump, who is still constrained by a pre-trial gag order, faces sentencing in September for his dubious criminal conviction in May in New York.

Republican Missouri Attorney General Andrew Bailey asked the Supreme Court to block the gag order and delay sentencing until after the election, as well as allow a lawsuit against New York for election interference, but those requests were denied on Monday, according to The Hill.

The court provided no explanation for the rejection of Bailey's requested relief or the denial of the invocation of its original jurisdiction to settle disputes between separate states.

Requests rejected

Per The Hill, Missouri AG Bailey has accused New York of engaging in election interference by way of its criminal prosecution of former President Trump, which he asserted violated Trump's civil rights and the First Amendment rights of Missourians who support him.

As such, he sought permission from the court to file a lawsuit directly against New York and further requested that the court impose a temporary stay until after November's election of the continued enforcement of a pre-trial gag order and the impending sentencing hearing next month.

However, in a one-paragraph unsigned order issued on Monday, the Supreme Court said, "Missouri’s motion for leave to file a bill of complaint is denied, and its motion for preliminary relief or a stay is dismissed as moot."

"Justice Thomas and Justice Alito would grant the motion for leave to file the bill of complaint but would not grant other relief," the brief order added.

The Hill observed that Thomas and Alito didn't further explain their position but both have repeatedly argued in the past that, in cases involving the court's original jurisdiction to settle disputes between states, the court has no discretion and must take up such cases for consideration.

"The fight is not over"

In response to the Supreme Court's denial, AG Bailey took to social media to express his disappointment as well as to vow to keep pursuing the matter despite the rejection.

"It’s disappointing that the Supreme Court refused to exercise its constitutional responsibility to resolve state v. state disputes," he wrote in one post. "I will continue to prosecute our lawsuit against @KamalaHarris @JoeBiden’s DOJ for coordinating the illicit prosecutions against President Trump."

In a separate post, Bailey said, "New York is working to hijack our national election and jail President Trump. Missourians absolutely have an interest in ensuring that does not happen. The fight is not over."

Bailey taking action in support of Trump

In May, AG Bailey accused the Biden-Harris administration of being involved in the multiple prosecutions of Trump and demanded that the Justice Department turn over all relevant documents and communications related to the former president.

In July, he filed the election interference lawsuit against New York that accused the state of violating the rights of Trump and his supporters, as well as court precedent and principles that generally prohibit courts and prosecutors from taking certain actions in the months leading up to an election.

"Right now, Missouri has a huge problem with New York. Instead of letting presidential candidates campaign on their own merits, radical progressives in New York are trying to rig the 2024 election by waging a direct attack on our democratic process," Bailey said in a statement at that time. "I will not sit idly by while Soros-backed prosecutors hold Missouri voters hostage in this presidential election. I am filing suit to ensure every Missourian can exercise their right to hear from and vote for their preferred presidential candidate."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson