Victoria Toensing and Joe diGenova told Newsmax on Monday the Supreme Court's decision to uphold Donald Trump's right to be on Colorado's presidential primary ballot was more than just a victory for the former president.
"This was not a Trump victory, this was an election process victory," Toensing, a former deputy district attorney and diGenova's wife, told "The Chris Salcedo Show."
Toensing added she was not surprised the Supreme Court was able to put political biases aside to reach a unanimous verdict.
"I predicted it," she said. "I said after the [oral] arguments it has to be unanimous. And one thing [Chief Justice] John Roberts doesn't like is bad press, and I think he worked hard to get language here so that they could have [a] unanimous decision. It was very important."
In its decision, the Supreme Court struck down the Colorado Supreme Court's ruling that Trump was ineligible for the state's primary ballot because of his alleged involvement with the events of Jan. 6, 2021. The Colorado court used Section 3 of the Fourteenth Amendment, which disqualifies from office those who engage in insurrection against the Constitution after taking an oath to support it. Trump has never been charged with insurrection and denies any responsibility for the events of Jan. 6.
The Supreme Court ruled "responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand."
DiGenova, a former U.S. attorney in Washington, D.C., said anything other than a unanimous decision would have created more confusion regarding Trump's status.
"If you had had any other decision, you end up with a hodgepodge of different types of remedies and different things happening," diGenova said. "The only decision was that it was Congress that has to do this. We're looking for simplistic answers in the sense that the Constitution is complicated enough when it's silent about what the remedies are for something. It's the Supreme Court's job to figure it out and keep it simple so that the American people can understand it."
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Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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