Top Obama Lawyer: Colorado Attorneys Botched Their Case Today

“I have watched over 400 Supreme Court arguments. I have done 50 myself. I would tell you, this argument did not go well for the Trump challengers and that’s to put it mildly. I probably have some other adjectives I won’t say on air. The thing I was watching for was any indication anywhere about just how dangerous a ruling to overturn the Colorado Supreme Court was. We heard a lot from the court, particularly the chief justice, Justice Kavanaugh, Justice Alito, about how if you affirm the Colorado decision, it will empower states to mess with federal elections. And to be sure, that’s a risk,” [Neil] Katyal said. ...

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“I saw only one justice really, Justice Sotomayor, who was really listening to what the Colorado challengers were saying. It wouldn’t shock me if even she, when push came to shove and she reads the transcript of this argument, may come the other way. Now the justices could go back, they could read all friend of the court briefs, which make a lot of these points and come up with the other side. Presumably, they read those before the argument today and they got no help to use Justice Alito’s word, no help from the challengers to Trump today in the oral argument.”

Ed Morrissey

This sounds something like the "true socialism has never been tried" argument, only in service to a radical interpretation of the 14th Amendment. Katyal is just wrong that Colorado's attorneys didn't argue the "danger" of not allowing states to block alleged insurrectionists from the ballot, but the court clearly didn't buy that individual states have the authority to do so. Note that none of them bothered to bring up Colorado's "end justifies the means" argument to hear more about that either, despite the fact that Colorado and its amici presented that argument in several briefs. 

This is the start of a myth about incompetence in representation rather than having a losing argument as the reason for a SCOTUS slapdown. 

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