Constitutional law expert Alan Dershowitz expressed his skepticism about the Colorado Supreme Court’s decision to exclude Donald Trump from the state’s primary ballot in an interview with Newsmax on Thursday. Dershowitz argued that he believes the decision will not withstand scrutiny by the Supreme Court, primarily because states lack jurisdiction over constitutional matters.
During his appearance on “Rob Schmitt Tonight,” Dershowitz emphasized that only Congress has the authority to define what constitutes insurrection, as stipulated by the Constitution. He pointed out that Colorado’s assertion that it can make such a determination contradicts Section 5 of the Constitution.
“Colorado just said we can make that determination even though Section 5 says you can’t,” Dershowitz stated during the interview.
Dershowitz went on to express his doubts about the Colorado Supreme Court’s ruling, stating, “I think it will not survive the test of history. I don’t think it’ll survive the test of Supreme Court review, but nobody knows because the Supreme Court often stays out of political cases.”
He added, “But if I had to make a guess, I would say the court will grant the stay and then hear oral argument and then invoke Section 5 and say, ‘Look, if Congress wants to do this, fine; but you can’t have state courts do this.”
Moreover, Dershowitz disputed the characterization of the events of January 6, 2021, as an insurrection. He argued that it was not an insurrection but rather a public demonstration that spiraled out of control. According to Dershowitz, insurrections in the country’s history have been distinct from the events of that day.
He emphasized the need for a clear definition of insurrection and maintained that only Congress possesses the authority to provide such a definition. Dershowitz concluded by reiterating his view that the Colorado Supreme Court lacks jurisdiction under Section 5 to make determinations related to this constitutional provision.
