Former White House lawyer Ty Cobb expressed his belief that the U.S. Supreme Court may deliver a unanimous ruling, potentially “9-0,” in favor of former President Trump if there is an appeal regarding the recent decision by the Colorado Supreme Court. This decision aimed to exclude Trump from Colorado’s ballot due to his alleged involvement in the January 6, 2021 Capitol attack.
In an interview on CNN, Cobb stated that he anticipates a swift resolution of the case, asserting that the legal grounds are clear and that the Supreme Court may unanimously favor Trump. The Colorado Supreme Court’s 4-3 ruling invoked the 14th Amendment’s “insurrection clause,” claiming that Trump’s actions constituted an insurrection by promoting false election fraud claims and encouraging supporters to storm the Capitol.
The key question, according to Cobb, revolves around whether Trump qualifies as an “officer of the United States” under the 14th Amendment. He referred to Chief Justice Roberts’ 2010 explanation in the Free Enterprise case, emphasizing that voters typically don’t consider the president or vice president as officers of the United States.
Steven Cheung, a spokesperson for Trump’s campaign, pledged to appeal the ruling to the U.S. Supreme Court, which holds a conservative majority of 6-3, including three justices nominated by Trump. Cobb emphasized the court’s potential swiftness in handling the case, acknowledging the significance and responsibility involved.
While the Colorado Supreme Court delayed its ruling until January 4, providing an opportunity for Trump to seek U.S. Supreme Court review, Cobb argued that the decision ultimately supports Trump’s claim of a political conspiracy against him and reinforces the need for vigilance in protecting democratic processes.