'He had his shot': Legal expert shows why Trump's Colorado appeal argument falls flat
Trump may need to dazzle to win over the Supreme Court when attempting to show he didn't have a chance to deny he's an insurrectionist.
Former Solicitor General attorney Neal Katyal appearing on MSNBC's "The Last Word" with Lawrence O'Donnell Tuesday night made it clear that the Supreme Court won't be easily swayed should it consider an appeal by Trump to prove what he believes will be their main beef: that the former president wasn't afforded enough opportunity prove his case.
"Trump had every opportunity in the Colorado court to present his side of the case," Katyal said. "He presented it. He lost."
"And so at this point he has had, I think, his shot."
The Colorado court in a 4 to 3 ruling held that the U.S. Constitution forbids Trump, who remains the dominant leader to claim the GOP nomination in 2024, from appearing on the primary ballot as a consequence for allegedly inciting a mob to turn to violence at the Capitol as lawmakers were in the process of certifying the results of the 2020 election to then President-Elect Joe Biden.
"We do not reach these conclusions lightly," the majority justices wrote. "We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach."
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Trump's campaign called the court decision "undemocratic" and vowed to appeal it to the nation's highest court.
The lawsuit that was brought by local voters is part of a sprawling attempt in multiple states to scratch the 45th president off state ballots, citing section 3 of the Civil War-era 14th Amendment that was put into law to ward off those backing the Confederacy from serving in office.
The ruling sets the stage for the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, to consider whether Trump is eligible to serve another term as president.
Katyal believes Trump attempting to argue that the presidency is somehow "exempt" from the 14th Amendment is a "pretty weak constitutional argument."