Supreme Court Justice Clarence Thomas said he would have allowed Missouri to sue New York for interfering in the 2024 election, even as the top court turned away the challenge.
Missouri attorney general Andrew Bailey had asked the Supreme Court to lift Donald Trump's gag order and block his sentencing in Alvin Bragg's "hush money" case until after the 2024 election.
The gag order limits what Trump can say about a case that his electoral opponent, former prosecutor Kamala Harris, has made central to her campaign.
A frequent target of the left, Clarence Thomas is known as one of the boldest conservatives on the Supreme Court. Earlier this summer, he cast doubt on the legal authority of Special Counsel Jack Smith to prosecute Trump.
While Democrat-led prosecutions of Trump have mostly stalled, Kamala Harris has pushed a "prosecutor versus felon" narrative, citing Trump's sole conviction on "falsifying business records" in New York. Missouri argues that New York is interfering with Missourians' right to a free and fair election.
"There is no urgent need to press forth with an immediate sentence and gag order," the Republican attorney general wrote. "There is an urgent need for the American people to hear from the major candidates without one state hampering one candidate's campaign."
In a brief order, the Supreme Court dismissed Bailey's complaint, but Clarence Thomas and Samuel Alito indicated they would have permitted the case to be heard.
"Justice Thomas and Justice Alito would grant the motion for leave to file the bill of complaint but would not grant other relief," the order says.
Trump's lawyers have argued the gag order should be tossed now that the trial is over, and that its continued enforcement burdens Trump's First Amendment rights and his ability to campaign.
The trial judge who imposed the gag order, Juan Merchan, has refused to lift it until Trump is sentenced in September.
During the trial, Merchan fined Trump $10,000 for violating the order and threatened to have him jailed.
The order bars Trump from commenting on court staff, prosecutors and their families, which is notable because Merchan's daughter has worked for Democrats including Kamala Harris.
Trump has asked Merchan to toss the conviction, arguing it was based on evidence that shouldn't have been allowed in light of the Supreme Court's ruling on presidential immunity.
