Trump's gag order appeal dies at New York's top court

• After Trump was convicted on 34 felony counts, his lawyers have persistently argued that the order should be lifted.
• After the GOP nominee's previous efforts were rejected by lower courts, he took his fight to the New York Court of Appeals, the state's top court.

Driving the news: In a brief mention on the its decision list, the court said it was booting the case on its own initiative because "no substantial constitutional question is directly involved."

• Trump earlier this month lost his bid to move the case from New York state courts to federal jurisdiction.

State of play: The former president has repeatedly criticized the gag order as a violation of his first amendment rights, lashing out at the restriction as "illegal, un-American, unConstitutional" earlier this year.

• During the trial, Judge Juan Merchan threatened Trump with jail time and fined him after he repeatedly violated the gag order.
• In June, Merchan lifted part of the gag order, allowing Trump to comment on witnesses and jurors.

• The gag order in his civil fraud trial also became an area of contention — and repeated violations — prompting Judge Arthur Engoron to fine him $15,000.

What they're saying: Trump campaign spokesperson Steven Cheung said in a statement that the former president "will continue to fight against the unconstitutional Witch Hunts and Gag Orders."

What's next: The former president is set to be sentenced Nov. 26 after his appearance was pushed back from Sept. 18.

Go deeper: New indictment filed against Trump in Jan. 6 case

Editor's note: This story was updated with comment from a Trump campaign spokesperson.