Five of the nine justices must approve a stay to stop the trial court case. Any case requires four justices to agree to hear arguments.
The justices denied the special counsel's team's desire to intervene in the immunity controversy and rule quickly. They might step into the mix now and use the case to decide if previous presidents' immunity from lawsuits for official conduct should be extended to criminal actions.
The Supreme Court is considering other political matters. This week, the justices are hearing arguments in a legal battle over Republican and independent voters in Colorado's request to remove Trump off the Republican primary ballot because to his efforts to reverse his 2020 election loss to Biden.
Last Monday, Judge Chutkan canceled the March 4 trial date. There was no immediate date change. The Supreme Court's acceptance of the case determines the timeframe. There's no timeline, but the justices may consult Smith's lawyers before determining whether to stay the former president's legal order.
Chutkan may reopen proceedings immediately if the court denied Trump's stay request. If the court accepts the Trump team's request to take up the issue, all eyes will be on its timeline for future actions. If the court granted Trump's request without speeding the appeals process, he may not need to file his complete appeal until early May. But the justices might potentially impose faster decision timelines.
The Trump team's appeal has frozen the case since December, so Chutkan will allow both sides more time to reply to motions and arguments if it begins.
After the Washington trial was halted, a New York lawsuit alleging Trump with hush money payments to a porn actress will begin on March 25. Experts have always considered that case the least legally risky of Trump's four indictments.
U.S. District Judge Aileen Cannon in Florida has scheduled a May 20 trial in Smith's second lawsuit accusing Trump of illegally keeping sensitive materials at his Florida residence and delaying FBI efforts to get them. Cannon has also delayed key deadlines and shown a flexibility to rescheduling the trial during a crucial March pretrial meeting. In Fulton County, Georgia, the district attorney has charged Trump with trying to rig the 2020 election. No trial date has been scheduled.
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