Alan Dershowitz Explains Why 'There Is No Power in a State Court to Enforce the 14th Amendment'

Doug P. | 11:27 AM on December 22, 2023

After the Colorado Supreme Court voted 4-3 to keep Trump off the ballot in that state, the former president and current presidential candidate's campaign appealed to the U.S. Supreme Court:

The Trump campaign called the decision "completely flawed" and said it will "swiftly" appeal the ruling.
"We have full confidence that the U.S. Supreme Court will quickly rule in our favor," Trump campaign spokesman Steven Cheung said in a statement.
David Becker, a CBS News election law contributor, said it's not mandatory that the Supreme Court take this case, but "it's almost a 100% likelihood that they will."

And it's also likely that the majority of the SCOTUS justices will strike down the Colorado Supreme Court.

In a recent interview, Alan Dershowitz provided a hint at what might be the basis for the Supreme Court to overturn the Colorado ruling: Dershowitz says they had no power to decide the matter in the first place and explained why.

Watch:

Alan Dershowitz: “There is no power in a state court to enforce the 14th Amendment.”

Section 5 reads: “The Congress shall have the power to enforce…the provisions of this article.”

The Colorado Supreme Court’s disqualification of Trump spits in the face of the rule of law. pic.twitter.com/ecGqcwgXy4
— Daniel Baldwin (@baldwin_daniel_) December 22, 2023