Clarence Thomas Breaks With Supreme Court Over Donald Trump Trial

Supreme Court Justice Clarence Thomas broke with the Supreme Court majority on Monday in a decision blocking the state of Missouri from suing New York over Manhattan District Attorney Alvin Bragg's prosecution of former President Donald Trump.

In May, Trump was convicted of 34 counts of falsifying business records, and if there are no further delays, he will be sentenced in September. Trump’s trial does not appear to have had a major impact on his ability to win the election this year, but Missouri Attorney General Andrew Bailey has argued that the gag order and the conviction before the election infringed on the rights of Missouri voters.

The Supreme Court, however, disagreed. In an order issued Monday, it denied Bailey's motion to file a complaint against Bragg and, because he was unable to file a complaint, declared the relief sought moot.

Thomas and Supreme Court Justice Samuel Alito agreed with the court in not granting Bailey's relief, but departed from the other justices' decision to block the trial from proceeding. Thomas and Alito granted the motion to dismiss the complaint.

Trump's conviction was the result of payments intended to silence allegations of a sexual relationship with adult film star Stormy Daniels. Trump's legal team is now seeking to overturn the verdict, citing alleged judicial bias and a recent Supreme Court ruling on presidential immunity.

The former president has compared the charges against him to a “witch hunt” designed to prevent him from winning this year’s election. As Vice President Kamala Harris, the presumptive Democratic presidential nominee, steps up attacks on Trump’s conviction, he has renewed his efforts to lift a publication ban put in place by Judge Juan Merchan, who is overseeing the case, arguing that it prevents him from responding to her attacks.

Newsweek reached out to New York Attorney General Letitia James and Attorney General Andrew Bailey for comment via email but did not receive a response in time for publication.

Baily argued in his legal brief that Bragg created “constitutional harms” that threaten to undermine the rights of Missouri voters. He said the gag order and impending sentence prevent voters from performing their federal duties and violate the First Amendment rights of Missouri citizens to listen to Trump’s campaign speeches on the case.

Associate Justice of the United States Supreme Court Clarence Thomas poses for an official portrait in the East Conference Room of the Supreme Court Building on October 7, 2022 in Washington, D.C. Thomas is reportedly granting Missouri's request to file a lawsuit against New York over the Manhattan lawsuits against former President Donald Trump. More from Alex Wong/Getty Images

Bailey also argued in his filing that the gag order and conviction violated the Purcell principle, which states that courts should not change election rules before the election because of the risk of confusion for voters and problems for officials charged with administering the election.

“Missouri respectfully submits that the above violations create significant harm to Missouri voters and constituents, who will be prevented from fully engaging with and hearing from a major party presidential candidate as the November election approaches,” Bailey wrote.

The Missouri attorney general blamed Bragg for his “unprecedented decision” to prosecute Trump for “accounting misdemeanors” in the months leading up to the presidential election.

James asked the Supreme Court to dismiss Missouri’s complaint, arguing that the justices lack jurisdiction to do so. She argued that the dispute was between Bragg and Trump, not the sovereignty of two different states. She added that Bailey’s claims were “patently without merit.”

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