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Ex-White House lawyer explains why Trump will win slam-dunk Supreme Court case on the 14th Amendment issue
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Ex-White House lawyer explains why Trump will win slam-dunk Supreme Court case on the 14th Amendment issue

Former White House lawyer Ty Cobb predicts the Supreme Court will quickly rule that Donald Trump is constitutionally eligible to run for president.

In a 4-3 decision, the Colorado Supreme Court — which is composed of seven judges appointed by Democratic governors — ruled that Section 3 of the 14th Amendment bars Trump from running for president. Trump, therefore, cannot appear on Colorado's 2024 ballot.

Lawyers for the former president promised to appeal to the U.S. Supreme Court. If that happens, Cobb told CNN he expects the high court to rule unanimously in Trump's favor.

"I think this case will be handled quickly; I think it could be 9-0 in the Supreme Court for Trump," he said.

"Because I think the law is clear."

One of the central questions in the case, Cobb explained, is whether the president is an "officer of the United States," per the text of the 14th Amendment. Importantly, there is a strong argument that presidents are not technically "officers," especially when the phrase is examined in other parts of the Constitution, specifically Article II:

  • The Commission Clause, Article II, Section 3, states that presidents "shall commission all the officers of the United States."
  • The Appointments Clause, Article II, Section 2, states that presidents "shall nominate ... all other officers of the United States."
  • The Impeachment Clause, Article II, Section 4, lists the president and vice president separately from "all civil officers of the United States."

Cobb, moreover, noted that Chief Justice John Roberts declared in a 2010 ruling, Free Enterprise Fund v. Public Company Accounting Oversight, that "the people do not vote for the 'Officers of the United States.'"

The Colorado Supreme Court did not address these critical questions in a scholarly manner, Cobb alleged. Instead, he said he "was struck by the majority opinion" because of the "amount of verbiage devoted to straw-man arguments."

Former Trump WH lawyer on why Trump will see Colorado ruling as a winwww.youtube.com

Once an appeal is made, the Supreme Court is expected to hear the case without delay. A decision, then, should be expected before Colorado's Republican primary, which is scheduled for March 5.

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Chris Enloe

Chris Enloe

Staff Writer

Chris is a staff writer for Blaze News. He resides in Charlotte, North Carolina. You can reach him at cenloe@blazemedia.com.
@chrisenloe →