The Supreme Court in a 5-4 decision on Thursday refused President-elect Trump’s request to halt his criminal sentencing, now just hours away, closing off Trump’s last remaining pathway to avoid receiving his punishment for his 34-count felony conviction in New York.
On Friday morning, Trump’s hush money sentencing will secure his status as the first felon to assume the presidency. Trump can attend virtually, as Judge Juan Merchan is slated to hand down an unconditional discharge, a rare alternative to prison or probation that has no strings attached.
Chief Justice John Roberts and Justice Amy Coney Barrett joined with the court’s three liberals to deny Trump’s request.
Four of the court’s conservatives, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh, dissented.
Among other reasons, the court in its order indicated it was denying Trump’s request because “the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal.”
“Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing,” the order continued.
Speaking at a previously scheduled event at Mar-a-Lago minutes later, Trump said he read the court’s order and highlighted how it noted his future appellate options.
“I read it, and I thought it was a fair decision, actually,” Trump said. “So I’ll do my little thing tomorrow. They can have fun with their political opponent.”
The Supreme Court’s denial of Trump’s emergency application caps his extensive efforts to stave off his sentencing.
When a jury convicted him on 34 felonies in May, the proceeding was originally set for July. After the Supreme Court handed down its ruling carving out immunity for former presidents, however, Trump managed to effect multiple delays, eventually pushing the proceeding until after the election.
Updated 7:53 p.m.
