Ex-White House lawyer says Supreme Court could rule ‘9-0’ in possible Trump 14th Amendment case

Former White House lawyer Ty Cobb predicted Tuesday that the U.S. Supreme Court could rule “9-0” in favor of former President Trump in a potential appeal of Colorado Supreme Court’s ruling that would kick Trump off the state’s ballot.

“I think this case will be handled quickly. I think it could be 9-0 in the Supreme Court for Trump,” Cobb said in an interview on CNN, adding later, “I do believe it could be 9-0, because I think the law is clear.”

The Colorado Supreme Court issued a ruling Tuesday that Trump should not appear on Colorado’s ballot due to his alleged role in the Jan. 6, 2021, Capitol attack. 

Citing the 14th Amendment’s “insurrection clause,” the 4-3 ruling by the Colorado Supreme Court argued Trump engaged in an insurrection by promoting false claims of election fraud and encouraging supporters to go the Capitol on Jan. 6, 2021.

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The Colorado Supreme Court ruled the office of the president falls under the insurrection clause, which states those who previously took oaths to support the Constitution as a “member of Congress,” “officer of the United States,” “member of any State legislature” or an “executive or judicial officer of any State” cannot engage in a rebellion against it.

“The real key issue in this case is — is Trump an officer in the United States in the context in which that term is used in the Article 3 of the 14th Amendment,” Cobb said. “And in 2010, Chief Justice [John] Roberts explained in free enterprise that people don’t vote for officers of the United States.”

Cobb went on to reference multiple Supreme Court decisions that do not conclude officers include the president or vice president in this context.

Steven Cheung, a spokesperson for Trump’s campaign, has already vowed the Trump campaign will appeal the ruling to the U.S. Supreme Court, which has a 6-3 conservative majority and includes three justices nominated by Trump. 

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

Colorado’s Supreme Court put its ruling on hold until Jan. 4 to allow Trump to first seek review from the U.S. Supreme Court. If he does, his name will automatically remain on the ballot until justices resolve the appeal. 

Cobb further argued the ruling “vindicates” Trump’s “insistence that this is a political conspiracy to interfere with the election and that … he’s the target and people shouldn’t tolerate that in America.”