Attorney Ty Cobb (The one who didn’t bat .367 lifetime) a former White House lawyer with no love lost for President Trump disagrees with the Colorado Supreme Court in their removal of Trump from the primary ballot.
Listening to him, you get the impression he thinks it is a joke. So much so that he believes the US Supreme Court will find in favor of Trump by a unanimous decision. That is as definitive as you can get.
The Colorado Supreme Court is made up of seven judges appointed by Democrats, but the ruling against Trump was only 4-3 which means three Democrats found in favor of Trump. This appears to be election interference by the four judges. Where is the due process?
Trump has never been convicted of insurrection and in fact has never even been charged with insurrection. So, how could those four judges remove President Trump from the ballot with absolutely no due process?
“I think this case will be handled quickly; I think it could be 9-0 in the Supreme Court for Trump.”
“Because I think the law is clear.”
This is important. Should the Supreme Court rule in Trump’s favor as it appears it will, no other state could even try to knock him off their ballot, primary or general. The Supreme Court always has the final word.
One of the central questions in the case, Cobb explained, is whether the president is an “officer of the United States,” per the text of the 14th Amendment:
- The Commission Clause, Article II, Section 3, states that presidents “shall commission all the officers of the United States.”
- The Appointments Clause, Article II, Section 2, states that presidents “shall nominate … all other officers of the United States.”
- The Impeachment Clause, Article II, Section 4, lists the president and vice president separately from “all civil officers of the United States.”
Cobb goes on to point out that Chief Justice Roberts decided in Free Enterprise Fund v. Public Company Accounting Oversight, that:
“the people do not vote for the ‘Officers of the United States.'”
Former White House lawyer Ty Cobb predicts the Supreme Court will quickly rule that Donald Trump is constitutionally eligible to run for president.
In a 4-3 decision, the Colorado Supreme Court — which is composed of seven judges appointed by Democratic governors — ruled that Section 3 of the 14th Amendment bars Trump from running for president. Trump, therefore, cannot appear on Colorado’s 2024 ballot.
Importantly, there is a strong argument that presidents are not technically “officers,” especially when the phrase is examined in other parts of the Constitution, specifically Article II:
The Colorado Supreme Court did not address these critical questions in a scholarly manner, Cobb alleged. Instead, he said he “was struck by the majority opinion” because of the “amount of verbiage devoted to straw-man arguments.”
Once an appeal is made, the Supreme Court is expected to hear the case without delay. A decision, then, should be expected before Colorado’s Republican primary, which is scheduled for March 5.