As I have written before on this blog, President Donald Trump’s First Amendment right to free speech renders his recent conviction in the State Trial Court in Manhattan, New York, unconstitutional. President Trump’s unconstitutional trial took place in one of the freest boroughs, the freest cities, and the freest states in the country. This unconstitutional trial poisons the ongoing trial federal The 2024 presidential election based on misunderstandings federal election law Do it now federal Supreme Court review is critical. A New York appeals court must quickly rule on the constitutionality of President Trump’s conviction so that he can obtain federal The Supreme Court scrutinized his First Amendment claims well before the November presidential election. American voters deserve to know as soon as possible whether President Trump’s criminal conviction is unconstitutional, as I believe it is.
President Trump can and should appeal his conviction on numerous state legal issues due to misconduct by the trial judge and district attorney. However, if possible, under New York law, these matters must be separated from the federal matter of infringement of President Trump’s First Amendment rights so that the matter can be resolved quickly. federal Supreme Court. President Trump should demand a bifurcated appeals process that would make his First Amendment federal issues The New York Court of Appeals ruled immediately, although a longer appeals process was required to consider many of the New York state legal claims that President Trump made on appeal.
28 USC Section 1257(a) provides: “final judgment or decree renderer state supreme court If any title, right, privilege or immunity is specially provided or asserted under the Constitution or by treaty or statute, it may be reviewed by the Supreme Court by a writ of certiorari.case, which could be reviewed by the U.S. Department of Justice federal After the New York Court of Appeals rules, the Supreme Court will issue a writ of certiorari.
Based on U.S. Supreme Court case law, it is clear that President Trump does not need to exhaust all of his appeals under New York state law for the U.S. Supreme Court to rule on his First Amendment free speech claims. exist Cox Broadcasting v. Cohen420 U.S. 469 (1975), the Supreme Court held that a state supreme court’s decision on a federal matter is “final,” even though state court proceedings may still be ongoing under which President Trump could obtain a reversal of his conviction.
In fact, the Supreme Court Cox Broadcasting v. Cohen stated, “There are now at least four categories of *** cases in which courts have treated decisions on federal issues as final under 28 USC Section 1257 without waiting for the completion of *** additional proceedings in lower state courts.” HERE There is a category in which President Trump’s nationally important federal issues regarding the First Amendment could escape review by the U.S. Supreme Court if he prevails on one of his many state-law grounds of appeal. You can also take a look Michigan v. Long463 US 1032 (1983) and Radio Station WOW, Inc. v. Johnson, 326 US 120 (1945) liberally interprets the final judgment rule of 28 USC section 1257(a).
As a matter of comity in our federal court system, it would be unreasonable for the New York State Court of Appeals to do anything other than expedite the review of President Trump by the U.S. Supreme Court. federal Constitutional claims. American voters need to know ASAP federal The Supreme Court considers whether convictions in far-left jurisdictions are constitutional.
