What to expect from the Supreme Court's debate over Trump's immunity claim

In what may be the most closely watched case this term at the Supreme Court – involving the highest-profile appellant – former President Donald Trump has offered a sweeping argument for why he should not face trial for alleged election interference.

The high court will hold arguments Thursday morning in what could determine the former president's personal and political future. As the presumptive GOP nominee to retake the White House, Trump is betting that his constitutional assertions will lead to a legal reprieve from the court's 6-3 conservative majority – with three of its members appointed to the bench by the defendant himself.  

The official question the justices will consider: Whether, and if so, to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office?

This is new territory for the Supreme Court and the nation. No current or former president has ever been criminally indicted.

The stakes could not be higher – both for the immediate election prospects, and the long-term effect on the presidency itself and the rule of law. But it will be the second time this term the high court will hear a case directly involving the former president. 

On March 4, the justices unanimously ruled that Trump could remain on the Colorado primary ballot over claims he committed insurrection in the Jan. 6, 2021 Capitol riots.

The decision to intervene at this stage in the immunity dispute is a mixed bag for both Trump and the Special Counsel. The defendant wanted to delay the process longer – ideally past the November election – and Jack Smith wanted the high court appeal dismissed immediately so any trial could get back on track quickly. 

A federal appeals court had unanimously ruled against Trump on the immunity question.