Here are the 6 Trump-related cases SCOTUS will likely hear in 2024

04 January 2024

Former President Donald Trump will almost certainly spend the bulk of his 2024 presidential campaign in various courtrooms. And the Supreme Court of the United States (SCOTUS) will likely play an outsized role in both this year's primary and general elections.

On Thursday, Politico compiled a list of the six cases where SCOTUS' rulings could, according to UC-Berkeley law school dean Erwin Chemerinsky, "be decisive for the presidential election in a way that we never have seen before," adding that how the Court rules "will matter as to how [SCOTUS] is perceived."

1. Trump's ballot eligibility under the US Constitution's insurrection clause

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The former president has already filed a 43-page appeal to SCOTUS asking the Court to keep him on the ballot in Colorado, following its 4-3 ruling in the Anderson v. Griswold case that disqualified him from appearing on the Centennial State's GOP primary ballot this year. His legal team has also appealed Maine Secretary of State Shenna Bellows' ruling disqualifying him from that state's Republican ballot to a Maine superior court.

Both disqualifications were based on Section 3 of the 14th Amendment to the US Constitution, which declares that anyone who has "engaged in insurrection or rebellion" against the United States or "given aid and comfort to the enemies thereof" is ineligible to hold any federal office, "civilian or military." However, as of Thursday, SCOTUS has not yet issued a writ of certiorari agreeing to hear the Colorado case.

2. Trump's claim of absolute immunity from criminal accountability

Trump has asserted in US District Court in the District of Columbia — where is DC election interference trial is scheduled for March 4 — that he is immune from all legal action in criminal proceedings given that the actions in question occurred while he was president of the United States. Department of Justice special counsel Jack Smith previously asked SCOTUS for an expedited ruling on the immunity question, but justices instead punted to the lower court last month. A DC Circuit Court of Appeals panel is scheduled to hear oral arguments early next week.

Should the appellate panel uphold US District Judge Tanya Chutkan's rejection of Trump's immunity claim, he could then appeal to the full circuit, and to SCOTUS if the DC Circuit rules against him. Should the Court take the case, Politico legal correspondent Kyle Cheney wrote that timing "will be everything," as it may not rule on the immunity question until after the election. And should Trump win a second term in November, his appointed attorney general could simply shut down the investigation.

3. SCOTUS' ruling on obstruction of an official proceeding in a Jan. 6 rioter's case

One of the lesser-known cases coming before the Court is Fischer, Joseph W. vs. United States, which concerns whether a January 6 rioter "corruptly" acted to obstruct official proceedings when he charged police lines during the deadly US Capitol insurrection in 2021. The case could affect Trump's March 4 trial, as the former president is also facing two felony charges of conspiracy to obstruct an official proceeding in relation to his actions during the January 6 riot.

Unlike the Colorado case and the immunity case, SCOTUS has already agreed to hear Fischer, meaning oral arguments will come this spring and a decision prior to its term ending in June. Depending on its ruling, two of the charges Jack Smith filed against Trump in his indictment could potentially be struck down.

4. Tanya Chutkan's gag order on Trump

Judge Chutkan previously imposed a gag order on the former president preventing him from mentioning witnesses in the case along with any of Jack Smith's prosecutors and/or their family members. Trump appealed that gag order to an appeals court panel, which upheld Chutkan's ruling last month. The appeal is now in the hands of the full DC Circuit Court of Appeals. Whomever loses the appeal will almost certainly ask SCOTUS to take the case.

5. Trump's immunity from civil accountability

In December, the 2nd Circuit Court of Appeals upheld an appellate panel's ruling that the former president was not immune from civil court proceedings as a former commander-in-chief. That ruling was in relation to journalist E. Jean Carroll's defamation claim against Trump, whom she says defamed her when he suggested she was fabricating her allegations of sexual assault for financial reasons in 2019. Last year, a jury found Trump liable for sexual abuse against Carroll and ordered him to pay her $5 million. A judge also found him liable for defamation, and a January 16 trial will determine how much the ex-president will have to pay Carroll. Trump's last hope is that SCOTUS will issue a writ of certiorari and agree to hear his civil immunity argument. If it declines, the 2nd Circuit's previous decision will stand.

6. Potentially moving Trump's Georgia trial to Washington, DC

The former president's pending RICO trial in Fulton County, Georgia may be impacted by a case brought by former White House Chief of Staff Mark Meadows. Meadows has argued that his Georgia trial should be moved to Washington, DC, as his alleged interference in the 2020 presidential election in the Peach State took place while he was in the nation's capital. An 11th Circuit Court of Appeals panel rejected Meadows' bid to move his trial, and now a decision by the full 11th Circuit is pending. Depending on its ruling, Meadows may appeal to SCOTUS. And should either court rule in his favor, Trump's trial may be moved from Fulton County to Washington, DC.

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