BluePerspectives

Conservative Legal Icon Has Harsh Words For Supreme Court’s Trump Ballot Ruling

J. Michael Luttig – a retired federal court judge – slammed this ruling as “stunning” in its overreach.

 Retired provincial judge J. Michael Luttig criticized the decision as” beautiful in its overreach.” Retired provincial judge J. Michael Luttig criticized the decision as” beautiful in its overreach.” 

J. Michael Luttig – a retired federal court judge – slammed this ruling as “stunning” in its overreach.

 

LOADINGERROR LOADING. Conservative former federal Judge J. Michael Luttig slammed the U.S. Supreme Court’s ruling allowing Donald Trump to remain on 2024 ballots, calling elements of the decision “stunning in its overreach.”. On CNN Monday, Luttig said the ruling was “both astonishing and unprecedented, not for its decision of the exceedingly narrow question presented by the case — though that issue was important — but rather for its decision to reach and decide a myriad of the other constitutional issues surrounding disqualification under 14th Amendment.”. Advertisement. Luttig, a former veteran conservative jurist on the 4th U.S. Circuit Court of Appeals, was among a number of prominent legal minds to begin publicly arguing last year that Trump was ineligible to hold office again under the so-called insurrection clause of the Constitution — Section 3 of the 14th Amendment.. He filed an amicus brief with the Supreme Court in January, arguing his point.. The Supreme Court ruled unanimously Monday that states do not have the authority to bar the former president from appearing on ballots, overturning a Colorado court’s decision to do so.. The Supreme Court also ruled that only Congress has the authority to disqualify federal candidates under Section 3. The three liberal justices and conservative Justice Amy Coney Barrett disagreed with that decision.. In a concurrence, the liberal justices said they protested the “majority’s effort to use this case to define the limits of federal enforcement of that provision.”. Advertisement. Barrett, in her own concurrence, wrote that the case did not require the court to decide the “complicated question” of whether federal legislation is the only enforcement mechanism for Section 3.. According to Luttig, in deciding those questions unnecessarily, the majority “effectively decided that the former president will never be disqualified from holding the presidency in 2024 or ever for that matter.”. He added, “But even more importantly, as the concurrence said, effectively, the court today decided that no person in the future will ever be disqualified under Section 3 of the 14th Amendment, regardless of whether he or she has engaged in an insurrection or rebellion against the Constitution of the United States.”. Listen to his analysis below on CNN’s “The Lead.”. [embedded content]. Support HuffPost. Our 2024 Coverage Needs You. At HuffPost, we believe that everyone needs high-quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact-checked news that is freely accessible to everyone.. Whether you come to HuffPost for updates on the 2024 presidential race, hard-hitting investigations into critical issues facing our country today, or trending stories that make you laugh, we appreciate you. The truth is, news costs money to produce, and we are proud that we have never put our stories behind an expensive paywall.. Would you join us to help keep our stories free for all? Your contribution of as little as $2 will go a long way.. As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to having well-informed voters. That’s why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.. We cannot do this without your help. Support our newsroom by contributing as little as $2 to keep our news free for all.. As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That’s why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.. Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we’ll bring you hard-hitting investigations, well-researched analysis and timely takes you can’t find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.. Contribute as little as $2 to keep our news free for all.. Support HuffPost. Advertisement. Related. Donald TrumpSupreme CourtJ. Michael Luttig

 

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