Should DeSantis Drop Out of 2024 Presidential Race?

On a recent appearance on MSNBC with Ali Velshi, ex-federal judge Michael Luttig offered a compelling viewpoint on former President Trump’s alleged breach of the 14th Amendment, asserting its clarity in disqualifying Trump from the presidency. This discussion occurred on the third anniversary of the January 6, 2021, Capitol attack.

Luttig’s comments followed the Supreme Court’s announcement to examine the Colorado Supreme Court’s ruling on Trump’s eligibility for inclusion on Colorado’s primary ballot, in light of his actions surrounding the insurrection.

Dedicating the last three years to studying the amendment, Luttig expressed his anticipation that the Republican-leaning Supreme Court might seek all viable avenues to sidestep a definitive stance on Trump’s potential disqualification from future office runs. Nonetheless, Luttig pointed out the limited alternatives available to the Supreme Court in avoiding a decision on this matter.

The case is set for oral arguments on February 8. Central to this debate is the 14th Amendment’s insurrection clause, which bars individuals from office if they have engaged in insurrection after vowing to uphold the Constitution.

Luttig has previously voiced that the Colorado Supreme Court’s decision isn’t “anti-democratic.” In contrast, it’s Trump’s actions that led to the disqualification discussion which are anti-democratic. He emphasized the critical role of the U.S. Constitution in potentially prohibiting Trump from re-assuming the presidency, a decision that hinges on the Supreme Court’s interpretation.

Highlighting the foresight of the 14th Amendment’s framers, Luttig suggested they anticipated scenarios where a president might try to cling to power post-election loss. He hailed the disqualification clause as a profoundly democratic element of the Constitution.

Luttig concluded by underscoring the immense significance of the impending Supreme Court decision, noting its potential impact on American democracy and politics since the nation’s inception.