The Colorado Supreme Court's decision to boot Donald Trump off the state ballot will only boost him among those who think he's being persecuted, Ramesh Ponnuru writes in the Washington Post.
Ponnuru compares the case to that of Manhattan District Attorney Alvin Bragg — accusing Trump of paying hush money to an adult film star — and argues both will have the same effect.
"Trump supporters sometimes say they feel compelled to support him as a way to stand up to the illegitimate tactics of his opponents," writes Ponnuru, "to preserve their freedom to use the political process to choose him as president even as those opponents try to deprive them of that option."
Also read: Michigan AG hits Republican ex-speaker's staff with embezzlement charges
Ponnuru contends another Trump presidency would be a threat to the Constitution, but argues the Colorado decision was a result of what jurist Robert Bork called the “heart’s desire” school of jurisprudence.
"If you squint at the Constitution from just the right angle, it makes your fondest wish come true," writes Ponnuru. "It works for anyone, regardless of their party affiliation or ideology."
The Colorado Supreme Court's decision treats the Constitution like "a set of weapons for use by clever lawyers and eager judges rather than a charter for self-government," according to Ponnuru.
"The Constitution’s impeachment provisions allow a majority of the House plus two-thirds of the Senate to convict and then disqualify a president from future office based on his misconduct," he says.
It would be perverse to amend it so that a random collection of state courts and state election officials — who could represent only a small fraction of the country instead of a supermajority — could bypass that process and disqualify a president themselves."
Read the full op-ed at The Washington Post.
