White House Lawyer Says Supreme Court Could Rule 9-0 In Trump Case

 December 20, 2023

In a striking turn of events, the Colorado Supreme Court has made a decision that could ripple through American politics.

The removal of former President Donald Trump from Colorado's ballot due to his alleged involvement in the Jan. 6 Capitol attack has sparked a legal debate with potentially far-reaching implications.

The Colorado Supreme Court, in a close 4-3 decision, cited the 14th Amendment's "insurrection clause" as the basis for their ruling. This clause is typically applied to individuals who engage in rebellion after taking oaths to support the Constitution. The court's interpretation has led to intense discussions across the political spectrum.

Understanding the Insurrection Clause and Its Implications

The insurrection clause has rarely been invoked in such high-profile cases. Its application to a former president has raised questions about the definition of an "officer of the United States" in this context. Ty Cobb, a former White House lawyer, has brought attention to the intricacies of this clause and its potential impact on Trump's political future.

Cobb's analysis hinges on Chief Justice John Roberts' 2010 statement, which clarified that the president and vice president are not considered "officers of the United States." According to Cobb, this interpretation could significantly influence the Supreme Court's review of this case.

A Trump campaign spokesperson, Steven Cheung, has already announced plans to appeal to the U.S. Supreme Court. Notably, with its 6-3 conservative majority, the current Supreme Court includes three justices nominated by Trump himself. This is a critical factor in the unfolding legal drama.

The Predicted Unanimous Decision by the U.S. Supreme Court

Speaking on the potential outcome of the appeal, Ty Cobb expressed confidence in a unanimous decision from the U.S. Supreme Court favoring Trump. "I think this case will be handled quickly. I think it could be 9-0 in the Supreme Court for Trump," he stated, emphasizing the clarity of the law in this regard.

"The Supreme Court though will not hesitate to move quickly on this; they know what the stakes are. They know what their responsibility is. And they can delay some of these Colorado dates to the extent that they feel they’re obligated to or have to."

Given the urgency and high stakes of the situation, Cobb anticipates swift action from the Supreme Court. He underscores the court's awareness of its role and the potential need to adjust Colorado's electoral timeline.

Political Conspiracy Allegations and Legal Challenges

Amidst these legal proceedings, Cobb has voiced strong opinions about the political nature of the Colorado Supreme Court's decision. He claims that the ruling is part of a broader political conspiracy against Trump, a sentiment echoed by other supporters of the former president.

This perspective ties into the larger national debate over election integrity and the aftermath of the 2020 Presidential Election. The controversy surrounding the Jan. 6 Capitol attack adds another layer of complexity to this already convoluted situation.

As the case unfolds, it becomes increasingly clear that the decision of the U.S. Supreme Court will not only affect Trump's political future but also reflect on the broader dynamics of American politics, especially in light of the court's conservative majority.

Delayed Colorado Supreme Court Ruling and its Implications

The Colorado Supreme Court has delayed its final ruling until Jan. 4, allowing time for a potential review by the U.S. Supreme Court. This delay indicates the significant impact the federal court's decision could have on the state-level ruling.

If Trump seeks U.S. Supreme Court review, his name will remain on the ballot in Colorado until the appeal is resolved. This decision maintains his current eligibility, keeping his political prospects alive in the state.

In this case, the intertwining of state and federal legal processes highlights the complex nature of American jurisprudence, especially when it involves high-profile political figures.


The ongoing legal and political saga involving former President Trump reflects the intricate interplay of constitutional law, political power, and public opinion in the United States.

  • The Colorado Supreme Court's decision to remove Trump from the ballot, citing his alleged involvement in the Jan. 6 attack.
  • Ty Cobb's prediction of a unanimous U.S. Supreme Court decision in favor of Trump if appealed.
  • The debate over the 14th Amendment's "insurrection clause" and its application to a former president.
  • The potential influence of Chief Justice John Roberts' interpretation of "officers of the United States."
  • The significance of the U.S. Supreme Court's conservative majority in this case.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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