‘There Were Some Pissed Off Justices There’: Toobin Breaks Down Trump’s Win at the Supreme Court

 

Jeffrey Toobin said Monday’s unanimous U.S. Supreme Court ruling prohibiting Colorado from removing Donald Trump’s name from the state’s presidential ballot showed the liberal justices were “pissed off” at their conservative counterparts.

The court invalidated a decision by the Colorado Supreme Court barring Trump from appearing on ballots in the state, saying that Section 3 of the 14th Amendment to the U.S. Constitution bars insurrectionists from holding federal office. After the 2020 presidential election, Trump falsely claimed the contest was rigged against him and he tried to overturn the results. When his efforts failed, a mob stormed the Capitol on Jan. 6, 2021, and delayed certification of the election for several hours.

“Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse,” the U.S. Supreme Court’s opinion stated.

Though the court’s three liberal justices and Amy Coney Barrett agreed in a concurrence, they said the conservatives went beyond the scope of the case.

“…[T]he majority goes further,” the concurring justices wrote. “Even though ‘[a]ll nine Members of the Court’ agree that this independent and sufficient rationale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy.”

Appearing on Monday’s AC360 on CNN, Toobin offered this observation:

There was a paradox about today. The Supreme Court, they were unanimous, which is in controversial cases unusual in this Supreme Court. However, there were some pissed off justices there. You could just tell from the paper the opinions were written on. The three [liberal] justices didn’t dissent, the three liberals. But they really went after the five for saying, for giving a roadmap for how this law should be applied instead of just saying, “Look what Colorado did was wrong. That’s all we should have done.”

The most interesting opinion was from Amy Coney Barrett, who wrote an opinion agreeing with the three liberals, but saying, “Can everyone please chill out?” Saying, “Can we just like, we have a controversial election coming up. Let’s not engage in stridency,” as she said it.

Watch above via CNN.

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Mike is a Mediaite senior editor who covers the news in primetime. Follow him on Bluesky.