A judge is due to decide Tuesday whether to undo President-elect Donald Trump’s conviction in his hush money case because of a U.S. Supreme Court ruling on presidential immunity.

New York Judge Juan M. Merchan, who presided over Trump’s historic trial, is now tasked with deciding whether to toss out the jury verdict and order a new trial — or even dismiss the charges altogether. The judge’s ruling also could speak to whether the former and now future commander-in-chief will be sentenced as scheduled Nov. 26.

The Republican won back the White House a week ago but the legal question concerns his status as a past president, not an impending one.