Attorney Will Scharf, who is part of the legal team arguing on behalf of Donald Trump before the Supreme Court in his 14th Amendment appeal, told Newsmax on Thursday that Colorado's "radical theory" to boot the former president off the ballot is falling flat even with the liberal justices on the nation's high court.
Scharf joined "Rob Schmitt Tonight" to evaluate the day's proceedings, saying that the lawyers for Citizens for Responsibility and Ethics in Washington (CREW), the group that argued to have Trump removed from the primary ballot in Colorado, are on the verge of a smackdown from the U.S. Supreme Court.
"When you're a left-winger, and you've lost [Justice Elena] Kagan and [Justice] Ketanji Brown Jackson, you know your argument is not going the way you want it to," Scharf told Schmitt.
The nine justices heard arguments in Trump's appeal of a Dec. 19 ruling by Colorado's top court to disqualify him from the state's Republican primary ballot under the U.S. Constitution's 14th Amendment after finding that he participated in an insurrection.
CREW attorney Jason Murray, who represented four Republican voters and two unaffiliated voters who sued to keep Trump off the Colorado ballot, found a more skeptical lot in Washington, D.C., than in Colorado, Scharf said.
"The lawyer for CREW — this group that's trying to kick President Trump off the ballot — got really tough questioning from Ketanji Brown Jackson, from Justice Kagan, as well as from some of the more conservative members of the court," Scharf said. "A lot of it geared around just sort of the ramifications of this radical theory of constitutional interpretation they were pushing."
Scharf, a former federal prosecutor who is running for attorney general in Missouri, said he believes Trump is going to win "resoundingly" in his appeal to the Supreme Court.
"That's why we think the argument went so well, that Colorado did something that was wildly extraconstitutional, that was wildly illegal. And I'm hopeful that the Supreme Court is going to justifiably smack them down for it," Scharf said.
"I don't think it's gonna be close. This is not going to be some 5-4 narrow opinion. I think we're going to win, and I think we're going to win resoundingly," he said.
Information from Reuters was used in this report.
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Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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