WASHINGTON — The Supreme Court on Wednesday said it will hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump. It also agreed to take up a dispute over a medication used in the most common method of abortion in the United States, its first abortion case since it overturned Roe v. Wade last year.
The justices will hear appeals from the Biden administration and the maker of the drug mifepristone asking the high court to reverse an appellate ruling that would cut off access to the drug through the mail and impose other restrictions, even in states where abortion remains legal. The restrictions include shortening from the current 10 weeks to seven weeks the time during which mifepristone can be used in pregnancy.
The nine justices rejected a separate appeal from abortion opponents who challenged the Food and Drug Administration’s initial approval of mifepristone as safe and effective in 2000.
The case will be argued in the spring, with a decision likely by late June, in the middle of the 2024 presidential and congressional campaigns.
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Capitol riot charges
The justices will also review an appellate ruling that revived a charge against three defendants accused of obstruction of an official proceeding. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
That’s among four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.
The court’s decision to weigh in on the obstruction charge could threaten the start of Trump’s trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump’s claim that he can’t be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.
Yuki Iwamura
Former President Donald Trump speaks during the New York Young Republican Club's annual gala at Cipriani Wall Street, Saturday, Dec. 9, 2023. (AP Photo/Yuki Iwamura)
The obstruction charge has been brought against more than 300 defendants in the massive federal prosecution following the deadly insurrection on Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol in a bid to keep Biden, a Democrat, from taking the White House.
A lower court judge had dismissed the charge against three defendants, ruling it didn’t cover their conduct.
U.S. District Judge Carl Nichols found that prosecutors stretched the law beyond its scope to inappropriately apply it in these cases. Nichols ruled that a defendant must have taken “some action with respect to a document, record or other object” to obstruct an official proceeding under the law.
The Justice Department challenged that ruling, and the appeals court in Washington agreed with prosecutors in April that Nichols’ interpretation of the law was too limited.
Other defendants, including Trump, are separately challenging the use of the charge.
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Supreme Court Justice Clarence Thomas says he didn’t have to disclose luxury trips with megadonor
AP FILE
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
Took seat Sept. 29, 2005
Born Jan. 27, 1955, in Buffalo, N.Y.
AP FILE
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
