A divided Supreme Court on Thursday rejected President-elect Donald Trump’s request to block Friday’s sentencing in his New York hush-money criminal case, guaranteeing that Trump will carry the label “convicted felon” when he returns to the White House.
In the first test of how receptive the court may be to the incoming president, four of the court’s six conservative members − Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh − said they would have granted Trump’s emergency application.
Prosecutors had called it an “extraordinary” request.
Trump wanted to leapfrog over the normal appeals process, arguing that the “burden, disruption, stigma, and distraction” of the sentencing is too intrusive on his preparations for returning to the White House on Jan. 20.
That’s despite the fact that his sentencing had been delayed until after the election at Trump’s request. And New York Judge Juan Merchan has already indicated the president-elect won’t get prison time, a fine or probation while his appeals continue.
In a 5-4 decision, the court’s majority said that makes the sentencing’s burden on the president-elect responsibilities “relatively insubstantial.”
Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberals in making that decision.
Instead of lashing out at the justices who sided against him, Trump emphasized that the majority noted he’s not getting jail time or probation, and can still appeal his conviction.
“I read it and I thought it was a fair decision, actually,” Trump told reporters. “So I’ll do my little thing tomorrow. They can have fun with their political opponent.
Trump was convicted in May of 34 counts of falsifying business records to hide payments to a porn actress. Trump paid his former lawyer, Michael Cohen, who in turn paid adult film star Stormy Daniels to remain silent before the 2016 election about an alleged sexual encounter.