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Emergency application

President's protection from prosecution

Donald J. Trump v. New York

Denied
No. 24A666Stay applicationFiled by a private partyPresented to Justice SotomayorFrom Appellate Division, Supreme Court of New York, First Judicial Department

What did the Court do?

The Court denied the request on January 9, 2025: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would have ruled the other way.

Filed Ruled 1 day after filing

What's being asked

Donald Trump asks the Supreme Court to pause his New York criminal proceedings while his appeal over presidential immunity continues. He argues the trial court wrongly admitted evidence about his official acts and should have protected him from prosecution during the presidential transition.

What the Court did

The Court refused Trump's emergency request, denying a stay (temporary pause) of the criminal proceedings; it did not decide his immunity claim. Alleged evidence errors can be addressed on appeal; the planned brief virtual hearing and sentence without conditions would impose relatively little burden. The order says Justices Thomas, Alito, Gorsuch, and Kavanaugh would grant the request; it lists no other justices' positions.

  • Dissented
  • Vote not published
Dissenting · 4recorded against the Court's order
  1. Thomaswould grant
  2. Alitowould grant
  3. Gorsuchwould grant
  4. Kavanaughwould grant
Vote not published · 5the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Barrett
  5. Jackson
The order records the positions of 4 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 82 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 1 day after filing.

What it means

This emergency ruling is temporary and does not decide who wins Trump's immunity appeal. The criminal case continues in New York's state Supreme Court in New York County; his immunity appeal remains in the New York courts. The docket lists no related Supreme Court case, and no argument was set for this application.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A666. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026