The opinion decides whether Trump, the first ex-president to face criminal charges, stands trial in Washington.
The court’s handling of the issue already has provoked criticism, including questions about whether it was necessary to take up the issue at all, given that a federal appeals court rejected it, and more recently that it has not yet been decided.
The Supreme Court has acted far more speedily in other epic cases involving presidential power, including in the Watergate tapes case. Nearly 50 years ago, the court ruled 8-0 a mere 16 days after hearing arguments that Richard Nixon had to turn over recordings of Oval Office conversations, rejecting his claim of executive privilege.
The current high court makeup took less than a month to rule unanimously that the Constitution’s post-Civil War “insurrection clause” couldn’t be used by states to kick Trump off the presidential ballot.
Even if the court sides against Trump, the timing of its decision means Trump may not stand trial before the 2024 election. If he is elected again, he could appoint a new attorney general, who could have the case dismissed.
