Former Federal Judge J. Michael Luttig dismissed MSNBC’s Alicia Menendez’s question on Wednesday, suggesting that Supreme Court Justice Neil Gorsuch might face challenges in overturning a Colorado Supreme Court ruling on former President Trump’s eligibility for the 2024 ballot.
The Colorado Supreme Court recently voted 4-3, stating that Trump violated the 14th Amendment’s “insurrectionist ban” and is ineligible for the state’s ballot. The ruling is temporarily on hold pending an appeal to the Supreme Court until January 4, with the issue needing resolution by January 5, the statutory deadline for setting the list of Republican primary candidates.
Menendez posed a question to Former Acting U.S. Solicitor General Neal Katyal about the potential speed of the Supreme Court’s decision if they choose to review the case. While Katyal expressed the likelihood of a quick resolution, Menendez directed her inquiry to Judge Luttig, specifically asking about Justice Gorsuch’s role in potentially overturning the ruling.
Judge Luttig initially emphasized that commenting on Justice Gorsuch’s position would be inappropriate. He asserted that the reference to Justice Gorsuch in the Colorado Supreme Court opinion, based on a case he decided as a circuit judge, is relatively inconsequential to the final decision in this case. The judge also noted that the decision should not be viewed as anti-democratic.
The ruling to exclude Trump from the ballot has significant implications, impacting over three million active voters in Colorado. Data indicates that out of 3,783,006 active voters in the state as of November, 901,219 are registered Republicans.
