The US Supreme Court won’t take this up now, it is not ripe for them. It will need to go through the steps. Now, maybe, if the judge throws him in jail, house arrest, or more, it will rise to them but I think they’ll wait. Didn’t they already reject the gag order?
I disagree. You think the RATS in NY won't drag this out far beyond the Nov election?
With the election 6 MONTHS away, this is clearly a time-sensitive EMERGENCY. An emergency intervention by the SCROTUS is needed NOW, not AFTER the election!
Act NOW, SCROTUS!
So they will be very reluctant to do anything that might help a Republican nominee (as they showed in 2020). But maybe if Merchan orders Trump to prison they might feel forced to do something. But only maybe.
I disagree on this point, as I've discussed in length in my posts on another thread here, here, here, and here. I won't repeat them all here.
In short, the ripeness is the interference with the RNC National Convention where Trump is to be formally nominated. It's no coincidence that Merchan chose the sentencing date to be just before the convention when it would not have mattered to "justice" if he waited two more weeks. That's about six weeks away.
In this case, SCOTUS would have original jurisdiction:
Article III Section 2
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
I would think that "The People of the State of New York v. Donald J. Trump (IND-71543-23)" would qualify for an original jurisdiction hearing by SCOTUS.
Trump could argue that his fifth and sixth amendment protections were violated by the district attorney and the trial judge in order to convict him and sentence him in such a way as to prevent his nomination in July, which has national impact.
That's pretty ripe right now with the clock ticking to July 15.
-PJ
Which is why the judge will NOT jail Trump. They want to keep this in NY for at least 157 days. They might frog-march him into his sentencing for photos, but they won't jail him. Whatever sentence he receives in July, and it probably won't be prison, will be stayed pending appeal. The NY Appeals Court might even overturn the conviction themselves after Nov 5th.
The Biden Administration is at the point now where they can simply ignore the SCOTUS. Why not?