The Supreme Court will consider whether to take up Cohen’s appeal over his claim that Trump and other officials retaliated against him by putting him in solitary confinement.
The new Supreme Court term started Monday with new cases on the docket and the possibility that emergency election-related cases could arise in the coming weeks.
The dispute mirrors a similar case the court decided in June concerning the tension between a federal law requiring emergency room care and state laws that ban abortion.
Boosted by the appointment of former professor Amy Coney Barrett to the high court, the University of Notre Dame Law School has increasingly close ties with conservative justices.
GOP senators anticipate that in a second term, Trump would have at least one Supreme Court vacancy to fill. Democrats hope that prospect motivates their voters this fall.
Lorie Smith will receive more than $1.5 million in legal fees after winning a Supreme Court case that found some businesses could refuse to provide services for same-sex weddings.