Former Federal Judge Says Supreme Court 'Dangerously Betrayed' By Allowing Trump On Ballot: 'Rendered That Safety Net A Dead Letter'

A retired federal judge has voiced his disapproval of the Supreme Court’s recent decision regarding former President Donald Trump‘s eligibility to run for office in 2024.

What Happened: In an op-ed published in The Atlantic on Thursday, retired federal judge J. Michael Luttig condemned the Supreme Court’s unanimous decision to permit Trump’s eligibility to run for office, despite challenges under the 14th Amendment’s insurrection ban.

The court ruled that only Congress has the authority to enforce the 14th Amendment in disqualifying federal candidates. This ruling came after numerous challenges to Trump’s eligibility were filed across the country, citing his involvement in the events of Jan. 6, 2021.

“Our highest court dramatically and dangerously betrayed its obligation to enforce what once was the Constitution's safety net for America's democracy. The Supreme Court has now rendered that safety net a dead letter, effectively rescinding it as if it had never been enacted,” he wrote.

Luttig argued that Section 3 of the 14th Amendment serves as a “safety net” for American democracy, intended to automatically disqualify insurrectionists from holding public office. He criticized the Supreme Court for turning this provision into a “dead letter.”

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Luttig refuted claims that barring Trump from the ballot would be undemocratic, stating that it is an insurrection, not disqualification, that opposes democratic principles. He expressed disappointment in the Court’s failure to uphold what he views as the Constitution’s design and purpose at a critical moment for the nation.

Having previously submitted an amicus brief in support of the Colorado Supreme Court’s decision to bar Trump, Luttig reiterated his stance that the Supreme Court’s decision undermines the rule of law and democracy at a time when the country is facing significant constitutional and political challenges.

Why It Matters: The Supreme Court’s ruling has significant implications for the 2024 presidential election. Trump lauded the decision as a “very big day for America, very big day for liberty,” in March. The ruling allowed him to appear on the Colorado state ballot just in time for Super Tuesday, a pivotal moment in the primary elections.

Moreover, Trump’s position in the upcoming election is bolstered by his lead over Joe Biden in most polls of nationally registered voters for a head-to-head matchup. Pennsylvania, a key swing state, could play a decisive role in determining the winner of the 2024 presidential election, making the Supreme Court’s decision all the more pivotal in shaping the political landscape.

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