Former Judge Calls Donald Trump's Ballot Ban 'Unassailable'


Former Judge Calls Donald Trump's Ballot Ban 'Unassailable'
© Getty Images News/Anna Moneymaker

Colorado's Supreme Court decision to exclude former President Donald Trump from the state's 2024 ballot has received a strong endorsement from J. Michael Luttig, a former federal appellate judge and a recognized figure in conservative legal circles.

Speaking to CNN's Pamela Brown on "AC360," Luttig lauded the court's decision, describing it as "unassailable" and a credit to both state and federal judiciaries.

"Their opinion is unassailable under the objective law of the federal constitution and section 3 of the 14th Amendment," Luttig stated emphatically.

He further argued that the Supreme Court of the United States should affirm this decision without delay. His backing is significant, given his conservative credentials and his outspoken criticism of Trump's actions.

Luttig, in collaboration with liberal law professor Laurence Tribe, has been a vocal advocate for utilizing the 14th Amendment to prevent Trump from holding office again.

Their arguments are grounded in the aftermath of the events of January 6th and a thorough study of the constitutional provision.

Countering Criticism and Setting Precedents

Addressing the criticisms leveled against the strength of the Colorado case, Luttig emphasized the unique position of the Colorado Supreme Court as the first appellate court to rule on the applicability of the 14th Amendment's section 3 to Trump.

He noted that previous cases were decided on state law or jurisdictional grounds, setting this decision apart. Moreover, Luttig challenged the dissenting opinion of one of the Colorado Supreme Court justices, who opposed the challenge to Trump's eligibility.

He and Professor Tribe, according to Luttig, have meticulously considered every argument against the court's ruling.

"When we say…that the opinion is unassailable, that means he and I have taken into account every single argument contrary to every point made by the court today," Luttig explained.

The former judge also highlighted the upcoming role of the US Supreme Court in this matter. It will need to interpret the definition of an insurrection or rebellion under the 14th Amendment. Luttig expressed confidence in the Colorado Supreme Court's reasoning and support for its conclusion, considering it irrefutable.

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