Judge James Zagel said he may postpone the start of the trial, but not until September.
"Should there be a Supreme Court decision which affects some of the legal theories of this case it certainly would be foolish to begin something and then have to stop it," said Sheldon Sorosky, Blagojevich's attorney.
Also on Monday, Judge Zagel decided businessman William Cellini will have a separate trial.
A lawyer for the former governor's brother, Robert, said he would also file a motion for a separate trial.