SCOTUS has 'no legitimate off-ramps' to tossing Trump from ballot: conservative ex-judge

The U.S. Supreme Court will undoubtedly look for some way to determine the Colorado ballot case without deciding whether Donald Trump is eligible to hold office, but a retired conservative judge doesn't see an "off-ramp" for them.

The Colorado Supreme Court disqualified the former president from the ballot under the U.S. Constitution's insurrection clause, and former federal judge Michael Luttig told MSNBC's "Morning Joe" the high court has no way to avoid ruling on his eligibility.

"The Supreme Court finds itself in a very precarious position today," Luttig said. "Undoubtedly, it doesn't want to decide this case, and it will be looking for all legitimate off-ramps to decide that the former president is disqualified, but there are no legitimate off-ramps to that decision. What you'll see this morning at the court is the court looking, plumbing all possibilities with counsel, as to how the court can resolve the case without deciding whether the former president was disqualified."

The reason that decision will be unavoidable, Luttig said, is the president clearly engaged in insurrection.

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"Section 3 disqualifies any person who engaged in an insurrection or rebellion against the Constitution of the United States, having previously taken an oath to support the Constitution," Luttig said. "There's no question whatsoever that the former president engaged in an insurrection against the Constitution when he attempted to remain in power beyond his constitutional term of four years and denied President Joe Biden the powers of the presidency to which he was entitled, having won the election by a vote of the American people. All of this prevented the peaceful transfer of power for the first time in American history. This is precisely the insurrection that disqualifies one under Section 3 of the 14th Amendment, so, you're right, that is the only legal issue."

"But there's such massive political consequences that, although the Supreme Court ought not consider those, undoubtedly, they will consider them," the retired judge added. "But the Constitution requires the disqualification of the former president."

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