It has been noted that the Supreme Court’s 2023 term is winding down with several of the largest and most impactful cases yet to be decided before the justices depart at the end of the month for their annual recess via Axios.
In the middle of an election season where the court’s credibility has been challenged and the Supreme Court has yet to issue decisions in cases touching on former President Trump’s wide-ranging claim to immunity from prosecution, abortion rights, the power of the executive branch, and gun rights.
That’s on top of major decisions it’s already released this term related to the National Rifle Association, racial gerrymandering, and Trump’s ability to appear on the Colorado primary ballot despite his role in the Jan. 6 attack on the Capitol.
The largest outstanding question before the Supreme Court is whether Trump is immune from prosecution for acts committed while in office. The decision will come as Trump’s two federal cases — on his efforts to overturn the 2020 election and his handling of classified documents after he left office — hang in the balance.
The court appeared poised to grant Trump at least a partial victory during oral arguments in April.
The Supreme Court will rule whether prosecutors can use a federal obstruction statute to charge Jan. 6 rioters. The cases center around the application of the Enron-inspired Sarbanes-Oxley Act, which prohibits obstructing or impeding an official proceeding.
The case’s plaintiff — Jan. 6 defendant Joseph Fischer — argued that the statute only applies to congressional inquiries or investigations. The court will decide whether it applies to a broader scope of obstructive conduct. The ruling could significantly reduce the number of charges Trump faces in his Jan. 6 case and complicate hundreds of prosecutions related to the Capitol riot, per the New York Times.
