Two conservative justices join three liberal members in a 5-4 decision to clear the way for the ruling.
A New York court is set to convict US President-elect Donald Trump of covering up secret payments to a porn actress after the Supreme Court rejected his last-ditch attempt to delay the process that would have made him the first convicted felon in the White House.
The United States Supreme Court overturned Trump’s sentence on Friday, with two conservative justices joining three liberal members in a 5-4 decision issued Thursday night.
The sentencing, which Trump is expected to attend online, will take place in a Manhattan courtroom just 10 days before his inauguration for his second term as president.
Chief Justice John Roberts and fellow conservative Justice Amy Coney Barrett joined the court’s three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanya Brown Jackson — in forming the majority to reject Trump’s request.
Four conservative justices dissented from the decision, saying they would grant Trump’s request. They did not give their explanation.
The court’s brief, unsigned order cites two reasons for the decision.
The court said the “alleged evidentiary violations” in Trump’s state court trial “can be resolved in the regular appellate process.”
It also said the “burden that sentencing will impose” on Trump’s responsibilities “is relatively minor in light of the trial court’s stated intent to impose a sentence of ‘unconditional release’ after a brief virtual hearing.”
Speaking at his Mar-a-Lago residence in Florida after the Supreme Court decision, Trump said: “I read it and I thought it was actually a fair decision.”
Trump added on his social media platform: “For the benefit and sanctity of the Presidency, I will appeal this case and I am confident that JUSTICE WILL PREVAIL.”
Trump was found guilty by a jury last May on 34 counts of falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels in exchange for her silence just before the 2016 US election about sexual contact she said she had with Trump a decade earlier.
Prosecutors said the payment was designed to help Trump’s prospects in the 2016 election, when he defeated Democrat Hillary Clinton.
Trump is the first former US president to be prosecuted and the first former president to be convicted of a crime. Trump has denied any wrongdoing.
The trial judge, Judge Juan Merchan, said last week that he was not inclined to sentence Trump to prison and would likely grant it unconditional release.
That would find Trump guilty, but not jail time, fines or probation.
Merchan is scheduled to denounce Trump at 9:30 a.m. (14:30 GMT) on Friday.
