CNN’s senior legal analyst Elie Honig said Special Counsel Jack Smith’s case against former President Donald Trump may be in danger as the Supreme Court gears up to hear arguments on whether the former president’s actions on January 6 were protected under presidential immunity.

Smith indicted the former president in connection to the January 6 protest. Trump and his legal team are arguing that the president’s actions on that day are protected under presidential immunity. Smith has taken the case directly to the Supreme Court.

Honig, while speaking on CNN, said the case is a constitutional issue that has no precedent.

“I think this will end up in the Supreme Court. It’s a constitutional issue. It’s an issue that we don’t really have precedent on, and that we need some guidance on,” Honig responded. “I think they will take it up before the election happens. I’m not sure they’ll expedite it anymore, they may want to let it go through the Court of Appeals.”

Smith’s January 6 case against the former president is set to begin on March 4 next year. Honig maintains that the case can not begin on March 4.

“I think either way, whether it’s expedited or not, March 4 is in big trouble. And keep in mind, it’s not just March 4. Jury selection starts Feb. 9, so even if the Supreme Court says, ‘We’re gonna take this, and we’re gonna expedite it to the highest degree,’ I don’t think they get it done by Feb. 9.”

While it remains unclear how the Supreme Court will rule on the immunity argument, Honig maintains that there is a chance the court could rule in Trump’s favor. Honig, however, said he believes Trump will lose.

“I think Alito and Thomas would probably be for Trump on immunity,” he continued. “The three liberals will certainly be against Trump on immunity, and that leaves us with Kavanaugh, Gorsuch, Amy Coney Barrett, Chief Justice Roberts. If I had to bet, I would think Trump loses. I think it’s more likely Trump loses, but he’s got a shot here. He has a non-zero chance to succeed. If he does win — by the way — on immunity, Jack Smith’s Jan. 6 case is over. That’s how high the stakes are.”