Washington D.C. – Former federal judge Michael Luttig argued on Saturday that former President Trump’s violation of the 14th Amendment is abundantly clear. Luttig made his remarks during an interview on MSNBC’s Ali Velshi. Luttig’s comments come on the third anniversary of the January 6, 2021, attack on the Capitol.
Recently, the Supreme Court announced its decision to review whether Trump’s actions related to the insurrection could disqualify him from appearing on Colorado’s primary ballot. Luttig, who has extensively studied the 14th Amendment, believes that the Supreme Court, which currently leans Republican, will likely seek ways to avoid pronouncing an opinion on Trump’s eligibility for running for office again. However, Luttig contends that there are only a few, if any, options for the court to avoid making this decision.
Oral arguments for the case are scheduled to take place on February 8. The 14th Amendment’s insurrection clause bars individuals from holding office if they have engaged in insurrection after previously taking an oath to support the Constitution. Luttig has previously argued that the disqualification of Trump by the Colorado Supreme Court isn’t anti-democratic; rather, it is Trump’s conduct that prompted the disqualification that is anti-democratic.
Luttig also emphasized that the U.S. Constitution will prevent the former President from holding the office of the Presidency again, if that is the Supreme Court’s decision. He stated that the issue has already been settled by the ratification of section three of the 14th Amendment in 1868. Luttig believes that the framers of the 14th Amendment envisioned this exact moment, when a president would attempt to cling to power after losing an election. He views the disqualification clause as one of the most democratic provisions in the Constitution.
Luttig asserts that the forthcoming Supreme Court decision in this case will be of great consequence to American democracy and politics, likening it to one of the most significant decisions since the nation’s founding.
In summary, former federal judge Michael Luttig believes that former President Trump’s violation of the 14th Amendment is evident. The Supreme Court’s upcoming decision on whether he can be disqualified from appearing on Colorado’s primary ballot will have far-reaching implications for American democracy and politics. The 14th Amendment’s insurrection clause prohibits holding office for those who have engaged in insurrection after taking an oath to support the Constitution. Luttig maintains that the Constitution will prevent Trump from holding the office of the Presidency again, if that is the Supreme Court’s ruling.