Former federal judge Michael Luttig argued Wednesday that the Colorado Supreme Court’s ruling disqualifying former President Trump from the state’s ballot is not “anti-democratic,” but rather the conduct that prompted the disqualification was anti-democratic.
Responding to former Homeland Security Secretary Jeh Johnson’s comments arguing all eligibility requirements are anti-democratic “in a sense,” Luttig said, “It is not the former president’s disqualification that is anti-democratic.”
“The Constitution itself tells us that it is the conduct that gives rise to disqualification under the 14th Amendment that is anti-democratic,” Luttig added during an appearance on CNN’s “This Morning.”
The Colorado Supreme Court on Tuesday handed down a bombshell ruling that Trump should be kept off the ballot in light of his role in the Jan. 6, 2021, Capitol insurrection.
Invoking the 14th Amendment’s insurrection clause, the Colorado court’s 4-3 ruling states Trump participated in an insurrection through his false claims of election fraud and encouragement of supporters to go to the Capitol on Jan. 6, 2021.
The decision goes against a lower court ruling that the office of the president doesn’t fall under the insurrection clause, which states those who previously took oaths to support the Constitution cannot participate in a rebellion against it.
Several lawmakers argued the decision sets a dangerous precedent for how courts might be used to decide who can compete in elections.
“It is a serious matter — nonpolitical matter though to this extent,” Luttig continued. “We live under the rule of law in this country, and it’s imperative that all Americans accept the decision of our courts, including the Supreme Court of the United States. It is not an option in the United States of America to protest in the streets [the] decisions of our courts — state or federal.”
Luttig, a conservative legal thinker appointed to the federal bench by President George H. W. Bush, has been a leading proponent of using the 14th Amendment to bar Trump from returning to office. He has also called the former president a “clear and present danger to US democracy” during testimony before the House Jan. 6 committee last year.
Trump’s campaign has already pledged to appeal the Colorado ruling to the U.S. Supreme Court, a decision that could have far-reaching implications for disqualification challenges in other states, Luttig said.
“That’s why the Supreme Court will take this case. It will decide it … and that will be a uniform rule nationwide for at least the 2024 election,” Luttig continued.
“I caveat it that way because it is possible that the Supreme Court would decline to take this case, because this case only disqualifies the former president from a state primary. It would be a legitimate interpretation of the Constitution that the states have the prerogative under the federal Constitution to conduct their primaries as they see fit without federal interference by the United States Constitution or Supreme Court.”
Lawsuits seeking to keep Trump off the ballot have also been brought in Minnesota and North Carolina, citing the 14th Amendment. Colorado’s ruling, however, marks the first time Trump has been blocked from the ballot.