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against New York in early July, arguing that the gag order on Trump violated Missouri voters’ First Amendment rights to hear him speak. This case was seen as unlikely to succeed at the Supreme Court due to the broad implications of allowing one state to intervene in another state’s criminal case.
The Supreme Court dismissed the case without comment. Justices Clarence Thomas and Samuel Alito, both conservatives, said that they would have allowed the lawsuit to proceed, citing their stance that the court is obligated to take cases of original jurisdiction, where one state sues another. Bailey called the decision “disappointing” in a brief statement to X, accusing the Supreme Court of refusing “to exercise its constitutional responsibility to resolve state v. state disputes.”
Bailey argued to the Supreme Court that the gag order and impending sentencing would unlawfully hinder Missouri electors’ ability to perform their duties, violating the First Amendment by restricting voters’ access to campaign speech.
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