Conservative retired former federal Judge J. Michael Luttig and former Obama-era acting Solicitor General Neil Katyal on Tuesday, in separate interviews on MSNBC, explained why they think Donald Trump’s likely appeal to the U.S. Supreme Court against his removal from the presidential primary ballot in Colorado will fail.
The bombshell decision by the Colorado Supreme Court is “a masterful judicial opinion of constitutional law” and “will stand the test of the time,” Luttig told Stephanie Ruhle.
The U.S. Supreme Court “will affirm this decision” because it’s not a political decision, predicted Luttig, who in 2021 advised then-Vice President Mike Pence over refusing Trump’s bid to overturn the 2020 election result.
Katyal, in an interview with Lawrence O’Donnell, agreed the ruling should be affirmed by the U.S. Supreme Court.
“Trump had every opportunity in the Colorado court to present his side of the case,” he said. “He presented it. He lost. And so, at this point, he’s had, I think, his shot.”
It’s a “solemn moment” and “kind of horrendous we are in this situation,” he continued.
Katyal also noted the irony of Trump’s previous belief in the “strict construction of the Constitution, and now he’s being hoist on his own petard.”
Support HuffPost
The Stakes Have Never Been Higher
At HuffPost, we believe that everyone needs high-quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact-checked news that is freely accessible to everyone.
Our News, Politics and Culture teams invest time and care working on hard-hitting investigations and researched analyses, along with quick but robust daily takes. Our Life, Health and Shopping desks provide you with well-researched, expert-vetted information you need to live your best life, while HuffPost Personal, Voices and Opinion center real stories from real people.
Help keep news free for everyone by giving us as little as $1. Your contribution will go a long way.
At HuffPost, we believe that everyone needs high-quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact-checked news that is freely accessible to everyone.
Help keep news free for everyone by giving us as little as $1. Your contribution will go a long way.
As the 2024 presidential race heats up, the very foundations of our democracy are at stake. A vibrant democracy is impossible without well-informed citizens. This is why HuffPost’s journalism is free for everyone, not just those who can afford expensive paywalls.
We cannot do this without your help. Support our newsroom by contributing as little as $1 a month.
As the 2024 presidential race heats up, the very foundations of our democracy are at stake. At HuffPost, we believe that a vibrant democracy is impossible without well-informed citizens. This is why we keep our journalism free for everyone, even as most other newsrooms have retreated behind expensive paywalls.
Our newsroom continues to bring you hard-hitting investigations, well-researched analysis and timely takes on one of the most consequential elections in recent history. Reporting on the current political climate is a responsibility we do not take lightly — and we need your help.
Support our newsroom by contributing as little as $1 a month.