Napolitano to Newsmax: Supreme Court Needs 'Unanimous' Ruling on Ballot Cases

Not only should the courts strike down Democrats' efforts to block former President Donald Trump from the 2024 presidential election ballots, but it should all end "unanimously" in the Supreme Court, according to Judge Andrew Napolitano on Newsmax.

"There's a lot of people who criticized the Chief Justice John Roberts, but one thing you cannot criticize him for is his ability to amass a majority on the court," Napolitano told Monday's "Wake Up America," when asked about the potential 2024 division, if not protests, if the Supreme Court rules on Trump ballot cases along party lines.

"So that what you just asked me as I think exactly what's going through the chief justice's head as we speak: How can this be resolved with unanimity because the court cannot be made to look political."

There are those fearing a "black swan" 2024 election year event – akin to COVID-19 and the Black Lives Matter/antifa race riots that roiled the 2020 presidential election cycle. A split decision by the Supreme Court could touch off more division.

"The court can't take sides in a political dispute," Napolitano told co-hosts Jon Glasgow and Sharla McBride. "The court has the final word on what the Constitution means and that final word needs to be articulated with unanimity, not an easy task when you have six conservatives and three liberals."

Napolitano hopes the liberal justices can see the dangers of taking the right to vote out of the hands of Americans, drawing on their lifetime appointments as a way to avoid political backlash for not taking the side of Democrats and anti-Trump operatives seeking to block Trump from the presidential ballot under the guise of an alleged Jan. 6 "insurrection."

"But something happens when you have a lifetime job, something divorces you from the political process and causes you to focus just on the meaning and values and history of what you're interpreting: in this case, the 14th Amendment," Napolitano said. "Hopefully, the court will rule unanimously in such a way that the people get to decide who the next president will be."

Taking the vote away from the people and giving the vote to Maine Democrat Secretary State Shenna Bellows – or a judicial panel in Colorado – is not a feature of a righteous constitutional republic, according to Napolitano.

"These decisions as to who's running for office shouldn't be made by officials, and they shouldn't even be made by judges; they should be made by the voters," he said.

Notably, the latest push against Trump on the ballot at the 11th hour in Maine is potentially a "gross abuse of her office," Napolitano warned.

"She's in the process of printing ballots almost literally as we speak – sometime in the next few weeks," he said. "She may very well have thought that she could catch the Republicans flatfooted and print the ballots without his name on it before there's even time for an appeal.

"That would be a gross abuse of her office."

That much power is mistakenly placed in the hands of one Democrat operative, Napolitano added.

"It's a crazy situation that they have in Maine, whereby a single unelected official can decide who gets on the ballot and who doesn't – without charges, without a trial, without a jury, without any conviction, without any finding of fault on the part of Donald Trump," he lamented.

The Supreme Court has to weigh in on these moves, because failing to do so will lead to 50 states and Washington, D.C., forcing the issue as their political party's leaders choose.

"The court must take the Colorado case and either uphold it or reverse it, because if it doesn't, then you're going to have 51 – counting the District of Columbia – you're going to have 51 different decisions and different standards as to what the 14th Amendment is with respect to qualifications for the presidency.

"And that's not the Constitution. The Constitution needs to mean the same thing in all states of the union."

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