Trump lawyer says there is 'no question' Supreme Court will overturn Colorado ruling

 December 21, 2023

In a move that left many observers stunned, the Colorado Supreme Court ruled earlier this week that former President Donald Trump is ineligible to appear on ballots in the state.

However, one of Trump's lawyers insists that it is only a matter of time before the Supreme Court overturns his disqualification.

Attorney: Ruling "not a constitutional decision"

In an interview with Breitbart, attorney Alina Habba complained that "Colorado's liberal judges want to take him off the ballot because they can’t beat Biden in the ballots."

Yet she went on to insist that there is "no question" in her mind about the outcome as Monday's ruling is "not a constitutional decision" and will thus be overturned by the nation's highest judicial body.

"You’re not a pioneer. You’re going to look ridiculous. You do not understand due process. You do not understand the Constitution," Habba said of the four Democrat-appointed judges who determined that Trump cannot stand for election in Colorado.

"You are literally a state-level court that is going to look ridiculous, okay, when the Supreme Court — whether you’re a federal judge or a state judge — when the Supreme Court overturns you, that’s not a good look," she added.

Court ruled that Trump engaged in insurrection

At issue is Section 3 of the Constitution's 14th Amendment, which is commonly referred to as the "Insurrection Clause." It states, 

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Colorado Supreme Court's majority held that Trump's actions on January 6 amounted to an insurrection, thus putting him afoul of the 14th Amendment.

Yet legal experts like George Washington University Law School professor Jonathan Turley say the move is both unsound and a threat to democracy.

Law professor slams "anti-democratic opinion"

"This is exceptionally dangerous. I mean, it is an anti-democratic opinion, and it could set us on a course that would be incredibly destabilizing for our system," Turley told Fox News host Brian Kilmeade on Wednesday.

"This is introducing the ability of states to effectively block the leading candidate for the presidency by barring them from ballots, and it will result in a tit-for-tat," he pointed out.

"And this is something that is quite familiar in other countries," Turley stressed, pointing to authoritarian regimes as an example.

"This is the way things are in places like Iran, where they have ballot cleansing, where you have people in government tell you who's just not appropriate for you to vote for," he added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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