Conservative radio host Hugh Hewitt slammed Fox News contributor Jessica Tarlov this Wednesday over her take on the Colorado decision.
Appearing on Fox News’ “Special Report,” Tarlov defended the decision by the Colorado Supreme Court to boot former President Donald Trump off the 2024 presidential ballot.
“I think that we’re all going to be watching Supreme Court Justice Neil Gorsuch, who has already ruled on this issue when he was on the Court of Appeals for the 10th Circuit. … He wrote, and it is quoted in the Colorado decision, that the state does have the right to kick someone who’s ineligible to run off of the ballot,” she said.
“And it’s interesting that the three dissenting justices did not refute the idea that Donald Trump played a part in this insurrection, which under Section 3 of Article 14, should rule him ineligible to run for office. They talked about lack of due process, but they didn’t engage with any of the evidence that was presented during a five-day bench trial,” she added.
Responding to her, host Bret Baier brought up the point that Trump hasn’t been officially charged with anything. Tarlov then sought to debunk this point by arguing that Section 3 of Article 14 doesn’t stipulate that someone has to be charged.
“I understand that’s the case they want to make, but it’s going to be very difficult for Neil Gorsuch to go back on something that he’s essentially already ruled on, and especially if the dissenting justices aren’t making that solid of a case,” she said.
Speaking next, Fox News contributor Jason Riley stressed that the Colorado Supreme Court is essentially barring voters from choosing their own nominee for president.
“The court is saying to tens of millions of Republican voters you will not decide who the Republican nominee for president will be; we will tell you who you cannot or can choose to be the Republican nominee,” he said.
“And I think that’s an overwhelmingly arrogant position to take. And I think Republicans are going to respond accordingly, and I think this will be very bad for the country if the Supreme Court allows this to stand,” he added.
— BPR based (@DumpstrFireNews) December 20, 2023
He went on to accuse the left — every Colorado Supreme Court justice who voted against Trump is a Democrat — for not trusting “the democratic process.”
“They don’t trust the voters. The voters are in the way of what they want to happen, and therefore they’re using the judicial system to get around the democratic process here,” he noted.
Speaking once again, this time Tarlov argued that this isn’t a left/right issue because the litigants who originally brought the case against Trump are Republicans.
“This case was brought by a group of Republicans. It was not brought by Democrats. This doesn’t have to do with leftist politics. And Donald Trump is the only person running for president who challenged our Constitution, the one who said actually this election should not stand, and asked Mike Pence to do ‘the right thing,'” she said
It’s at this point that Hewitt snapped like a twig.
I will be joining @SpecialReport w/ @BretBaier on The Panel with @jasonrileywsj and @JessicaTarlov I hope the opportunity will arrive for me to explain that Colorado decision is the dumbest contemporaneous decision I have seen in the law since I entered the Law Quad in Ann…
— Hugh Hewitt (@hughhewitt) December 20, 2023
“Stop! Stop!” he shrieked. “Jessica, this is the worst legal take I’ve ever heard. It’s a absurd. It’s absolutely absurd for a non-lawyer to sit here and say that minus a confrontation with someone who’s not been charged much less convicted, that the court can take them off the ballot.”
“It is a shameful moment in American jurisprudence. It is like watching a bad high school musical. It is a cringe-inducing moment for anyone who’s ever taught the law, practiced the law, and Colorado will be scorned for decades because of this. And it will be reversed by the [Supreme] Court very, very quickly,” he added.
This prompted Baier to ask Hewitt whether he thinks any left-wing members of the national Supreme Court will side with Trump.
“I’m praying that it’s 9-0, because if Justice Brown Jackson or Justice Sotomayor throws in with the pirates in Colorado, their reputations will be as damaged as the Colorado justices’ reputations are,” the radio show host replied.
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