Supreme Court Justice Kavanaugh Will “Step Up” to Ensure Trump Remains on the Ballots, Trump’s Lawyer Claims

Former US President Donald Trump departs during a break in the civil fraud trial against the Trump Organization, at the New York State Supreme Court in New York City on December 7, 2023. Former US President Donald Trump was back in court on December 7, 2023, for his New York civil trial on fraud allegations, once again condemning the process as unfair. Trump, the frontrunner for the 2024 Republican presidential nomination, and his two eldest sons are accused of inflating the value of their real estate assets to receive more favorable bank loans and insurance terms. (Photo by TIMOTHY A. CLARY / AFP)

In the lead-up to a Supreme Court ruling with major implications for the 2024 election, Trump’s attorney “has faith in them” to rule in favor of Trump, stating: “The law on this is very clear.”

Will the Supreme Court Favor Trump?

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Alina Habba, an attorney for President Donald Trump, discussed Justice Brett Kavanaugh’s role as the Supreme Court deliberated Trump’s appeal regarding his removal from Colorado’s Republican presidential primary ballot. Habba drew criticism for her performance as Trump’s lawyer in his defamation case with E. Jean Carroll, which ended with the former president being ordered to pay Carroll $83.3 million.

A “Slam Dunk” Decision

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During her conversation with Fox News host Sean Hannity, Habba expressed her confidence in the U.S. Supreme Court’s ability to make the right decision. “I think it should be a slam dunk in the Supreme Court. I have faith in them,” she said.

Political Bias vs. Justice

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In her statement, Habba made it clear that she had faith in the justices’ ability to rise above political biases, claiming that a decision in Trump’s favor would be the fair and just outcome. 

Pro-Trump or Pro-Law?

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“You know, people like Kavanaugh, who the president fought for, who the president went through hell to get into place, he’ll step up,” Habba asserted, “Those people will step up. Not because they’re pro-Trump but because they’re pro-law because they’re pro-fairness. And the law on this is very clear.”

Conservative Turn

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Kavanaugh’s appointment marked the second of three justices chosen by Trump, solidifying a 6-3 conservative majority that has led to significant Republican wins, such as loosening gun control regulations and eliminating the federal right to abortion.

Historic Case

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Habba’s remarks hold particular significance now, considering that this decision might just be the Supreme Court’s most significant case related to elections since they pretty much settled the 2000 presidential election with Bush v. Gore.

Supreme Court’s First Test

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The legal battle over Trump’s eligibility for the White House takes the Supreme Court into uncharted waters. Never before has the Court directly adjudicated the 155-year-old provision central to this case, Section 3 of the 14th Amendment. 

2024 Election at Stake

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This ongoing legal battle also places the nation’s highest court, with a 6-3 conservative majority, in a position where it could potentially wield significant influence over the 2024 election. Allowing the Colorado court’s decision to stand could have far-reaching implications for the race to the White House and the upcoming polls.

Colorado’s 4-3 Verdict

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In a close 4-3 verdict, Colorado’s Supreme Court decided that Trump is ineligible for public office, citing the US Constitution’s clause against those involved in insurrection or rebellion. The court pointed to Trump’s conduct around the Capitol riot on January 6, 2021, as meeting this bar, yet they paused their ruling to allow for Trump’s appeal. 

Innocence Claim

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Trump maintains his innocence, noting he’s never faced charges or convictions for insurrection. His legal team argues that the Colorado decision undermines due process, as it brands him as part of an insurrection without formal charges or sentence. 

“Cowboys for Trump” Figure Disqualified

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Back in September 2022, a New Mexico judge mandated the removal of Couy Griffin, a key figure in ‘Cowboys for Trump’ and participant in the January 6 Capitol assault, from his role as Otero county commissioner. This decision was based on the same constitutional grounds used to disqualify Trump from holding public office.

Seldom-Invoked Provision

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The Colorado lawsuit, initiated by six voters — four Republicans and two independents — argued that Trump’s involvement in the January 6 riot disqualified him from the White House under Section 3, a post-Civil War provision aimed at barring former Confederates from office. 

This provision is seldom used today. 

Torn Between

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Trump’s lawyers warned that upholding this ruling would be unprecedented in U.S. history, as it would be “the first time in the history” a court has barred voters from choosing a major-party presidential candidate. 

They emphasized the critical nature of Trump’s eligibility and urged the Supreme Court to “return the right to vote” to choose their preferred candidate.

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