A Deeply Divided Supreme Court Permits President-Elect Trump to be Labeled a Felon
The Supreme Court has made a crucial decision, just 10 days before President-elect Trump takes office, allowing the state of New York to convict him of felony charges. Despite the objections from four conservative justices, the court’s majority consisting of Chief Justice John Roberts, Justice Amy Coney Barrett, and three progressives, has chosen to uphold Judge Juan Merchan’s ruling. This decision sentences Trump to a conditional discharge, which means he will not spend any time in jail, face any fines or probation, nor be subject to post-sentencing monitoring of any kind. Additionally, he will not have to attend the sentencing in person, opting for a remote presence instead.
Four conservative justices – Clarence Thomas, Samuel Alito, and Trump appointees Neil Gorsuch and Brett Kavanaugh – indicated that they would have granted Trump’s request to postpone the sentencing. These justices believed that Trump’s involvement in the transition leading up to his inauguration is more important, and that criminal proceedings would detract from the significance of that moment.
Merchan’s judgment, which allowed the sentencing, has been validated by the Court, and a number of lawyers have expressed uncertainty over the judge’s decision, believing that grounds exist for appealing Trump’s conviction. The full extent of his conviction will ultimately depend on a subsequent appeal to the Supreme Court.
The issue of presidential immunity, which previously prevented Trump’s indictment, may now be moot. The case highlights the conflicting opinions within the Supreme Court over the extent to which a President or President-Elect can evade criminal prosecution for official acts as a public office.