![Former Federal Judge J. Michael Luttig slapped down an MSNBC’s host on Wednesday after she suggested that Supreme Court Justice Neil Gorsuch might have stepped on a rake when writing an earlier opinion as a lower level judge. [Screenshot MSNBC]](https://images.dailycaller.com/image/width=960,height=411,fit=cover,f=auto/https://cdn01.dailycaller.com/wp-content/uploads/2023/12/Screenshot-2023-12-20-at-6.03.34-PM-e1703113616385.png "Former Federal Judge J. Michael Luttig slapped down an MSNBC’s host on Wednesday after she suggested that Supreme Court Justice Neil Gorsuch might have stepped on a rake when writing an earlier opinion as a lower level judge. [Screenshot MSNBC]")
Former Federal Judge J. Michael Luttig slapped down MSNBC’s Alicia Menendez’s question Wednesday after she suggested Supreme Court Justice Neil Gorsuch might have stepped on a rake when writing an earlier opinion as a lower level judge.
The Colorado Supreme Court ruled 4-3 Tuesday that Trump violated the 14th Amendment’s “insurrectionist ban” and is ineligible to be on the ballot in the state. The ruling is on hold pending an appeal to the Supreme Court until Jan. 4. The issue must be settled by Jan. 5, which is when the statutory deadline is to set the list of candidates for the Republican primary.
“Your sense, should the Supreme Court decide to take this up, how quickly would we see that happen?” Menendez asked Former Acting U.S. Solicitor General Neal Katyal.
“I think it’ll happen very quickly. The U.S. Supreme Court is capable of acting with remarkable speed. Bush versus gore was 36 days start to finish. I suspect this could be a very similar timeline. The court actually has a long recess right now, it’s kind of their winter break … where they’re not even hearing oral arguments, so there’s a lot of time in the calendar for them to get ready to hear this case and ultimately decide it,” Katyal said.
“Judge Luttig, I wonder what we should make of the fact that this ruling very deliberately cites Neil Gorsuch … does that make it harder for him to vote to overturn the ruling?” (RELATED: California Lt Gov Makes Embarrassing Error While Trying To Remove Trump From Ballot)
Luttig first argued the Colorado Supreme Court’s decision was not anti-democratic.
“As to your question about Justice Gorsuch, I will not comment on the position that it places Justice Gorsuch in. That would be inappropriate. I will just say to you and your viewers that the fact that Justice Gorsuch, when he was a circuit judge, decided the case that he did that’s referenced in the Colorado Supreme Court opinion, is relatively inconsequential to the decision of this final decision of this case.”
The decision to remove Trump from the ballot impacts more than three million active voters in Colorado. Data shows amongst 3,783,006 active voters in the state as of November, 901,219 are registered Republicans.