CNN’s Jake Tapper Says ‘Difficult To Imagine’ Supreme Court With 3 Trump Justices Will Uphold Trump Ballot Ban

CNN’s Jake Tapper this week asked whether or not it’s conceivable the Supreme Court will uphold a decision barring Donald Trump from the Colorado ballot, saying he finds it “difficult to imagine” considering three of the Justices were appointed by Trump.

On Wednesday’s The Lead, Tapper interviewed conservative retired Judge J. Michael Luttig about the stunning decision by the Colorado Supreme Court that saw Trump barred from the presidential ballot in the state for 2024.

The case will be going to the U.S. Supreme Court, and Luttig, unlike many other conservative-leaning commentators, said he believes the Justices should uphold the Colorado decision. Tapper said he’s not sure they will.

After Luttig said he considers this will be “one of the most consequential constitutional decisions in American history,” Tapper asked about the likelihood of an outcome against Trump.

“It’s a 6-3 conservative to liberal division on the court right now. Three of them were appointed by Donald Trump,” he said. “I find it very difficult to imagine the court, the U.S. Supreme Court, upholding the Colorado Supreme Court. Do you disagree with me?”

“I don’t have any comment on your view, Jake,” Luttig replied. He explained that he would continue to hold the court in high regard even if they decided to overturn the Colorado decision. But said he doesn’t think that will happen.

“If the Supreme Court were to reverse the Colorado case, I would still hold the Court with the same reverence that I do today,” said Luttig. “But I do not believe that the Supreme Court will reverse the Colorado Supreme Court.”

Luttig said that “based on the objective law” in the case, Trump “unquestionably’ falls within the disqualification clause, and “he conducted or engaged in an insurrection or rebellion against the Constitution of the United States.”

“The Supreme Court Justices are bound by oath to apply the Constitution of the United States as it exists without resort to any other extraneous consideration, political or otherwise,” he said. “And so we, all of us Americans, we have to assume that the Supreme Court of the United States will do just that in this most historic case.”

LUTTIG: Needless to say, never before in our history has a former president even been prosecuted for criminal conduct, let alone tried by a jury. In this instance, a former president will be tried for attempting to overturn the 2020 presidential election. By the terms of the 14th Amendment, according to the Colorado Supreme Court, his conduct constituted an insurrection or rebellion against the Constitution of the United States.

TAPPER: Right.

LUTTIG: Leading him possibly to be disqualified. So when the Supreme Court decides that decision, it will ipso facto be one of the most consequential constitutional decisions in American history.

TAPPER: So, you know these justices pretty well, many of them. It’s a 6-3 conservative to liberal division on the court right now. Three of them were appointed by Donald Trump. I find it very difficult to imagine the court, the U.S. Supreme Court, upholding the Colorado Supreme Court. Do you disagree with me?

LUTTIG: I don’t have any comment on your your view, Jake. I will just say this. My entire life I’ve held the Supreme Court of the United States as an institution with high reverence. And I hold the Court today with that same reverence. If the Supreme Court were to to reverse the Colorado case, I would still hold the Court with the same reverence that I do today.

But I do not believe that the Supreme Court will reverse the Colorado Supreme Court. Because, based on the objective law, which in this instance is Section Three of the 14th Amendment to the United States Constitution, it is unquestionably the case that the former president is, comes within the ambit of that disqualification clause of the Constitution. And that he conducted or engaged in an insurrection or rebellion against the Constitution of the United States.

The Supreme Court Justices are bound by oath to apply the Constitution of the United States as it exists without resort to any other extraneous consideration, political or otherwise. And so we, all of us Americans, we have to assume that the Supreme Court of the United States will do just that in this most historic case.

Watch the clip above, via CNN.