Amy Coney Barrett: ‘All 9 justices agree’ Trump cannot be removed from ballot

Amy Coney Barrett: 'All 9 justices agree' Trump cannot be removed from ballot

The ‘Outnumbered’ panel reacted to the Supreme Court’s decision to overturn the Colorado ruling barring Donald Trump from the 2024 ballot. #FoxNews

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Breaking news this hour we are awaiting Former president Donald Trump he's Expected to speak at any minute and you See this is marago on the bottom of your Screen that's where we expect to see the Former president and obviously that's The US Supreme Court and the top box to The right there uh the Supreme Court's Huge unanimous decision today reversed Colorado's decision to ban Donald Trump From its primary ballot all nine Justices ruled in favor of trump in this Case which will impact the status of Efforts in several other states to Remove Trump from their respective Ballots for instance we know in Illinois And Maine they were already planning to Do that too so all of this ahead of Super Tuesday which is tomorrow this Ruling is huge and we've already heard From his Camp it's a big win for America This is outnumbered I'm Harris fauler Here with you today my co-host Kaye Mckinin and Emily compano also Television host and author Kim Douglas And fox and friends first co-host Todd Pyro all right uh Todd I'm going to Start with you just first of all the Legalities of this spell them out and How much of a victory is this for trump It is a tremendous Victory and in our Coverage starting at 10:00 this morning One point was made over and over this is Not just a decision that applies to

Colorado this does apply to all the Other states that are going to try this Whether it was Charley whether it was McCarthy or whether was Shannon breed That point was made over and over again But why the underlying decision is so Important for our country instinctually Everybody on this couch knew that what Colorado was trying to do was Fundamentally wrong from a democracy Perspective we cannot have some random State bureaucrat decide because they Have an animus against Donald Trump that The rest of the country cannot put him In office as president if they so choose And the N9 nothing decision made that Abundantly clear those justices the Liberal ones certainly don't like Donald Trump but the decision here had to be 9 Nothing for the sake of wait for at Harris democracy well and you know Emily One thing that Jonathan Turley and Andrew trakowski who was also with me Last hour we were all talking about is That we are one voice coming from the US Supreme Court and we are not all one Voice in the United States and of America right now we're divided they Showed us what Unity looks like around a Purpose and a mission yeah you know what I love about this opinion which I have In my hand right here is how clear it is There anyone can read this opinion and Understand exactly the logic behind the

Supreme Court's unanimous ruling and to Your point what we all expected because This is exactly what the Constitution Stands for and what I love the most as Well their opening line as they come out Because the Constitution makes Congress Rather than the states responsible for Enforcing Section 3 against federal Offic office holders and candidates we Reverse and they go on to explain that The 14th Amendment expanded Federal Power at the expense of State autonomy So this entire decision is essentially Saying look at the end of the day you Are trying to apply something in section Three within the 14th Amendment to give States a little bit more power but nay That is from Congress and ultimately They say because of the people and we Talked about a lot that the the fear the Tragedy that might happen if they ruled In a different way and it was the Patchwork application remember it was The fact that why can Colorado have an Impact on what people in South Carolina Decide that the reason or or the Reasoning is absolutely not they can't That at the end of the day the patchwork That would likely result from state Enforcement would sever the direct link That the framers found so critical Between the national government and the People of the United States as a whole Nothing in the Constitution they say

Requires that we endure such chaos Arriving at any time or different times Up to and perhaps beyond the Inauguration well we've seen a lot of Chaos and and and part of the problem Has been people have you know continued To lose trust in government agencies and Elections on that list too so and I Don't know I'm going to ask the team do We have that that map that showed the Patchwork that Emily mentioned we had it Late last week I mean it really showed How divided the country would be all Over the place like maybe one state Trump's name would be on the ballot the Other state no this state is fighting to Get his name off that I mean it would Not have been a helpful situation for Voters and I think you know Kaylie we Want to make it as easy as possible for People to express their voices because The time is critical that's an even Better look at it all the states with Lawsuits to Bar Trump from the ballot And it's all over the place the pending Are in yellow so I'm so glad you brought Up this map um when you go to page nine Of this opinion footnote three there is A jarring statement in the opinion we Are aware of just one example of State Enforcement against a wouldbe Federal Officer and it was in get this 1868 the reason I bring that up so this Has been used once in 1868 but you just

Showed that map of states the patchwork Where is the brazenness of these judges Of these Secretary of States who think We can do things that have been done Once in United States history not just Braz this you look at Colorado where They said you can't even write in the Candidate you look at Maine it was one Unelected Secretary of State and then You move over to Illinois and they Actually use the words suppress I just Want to quote them exactly the Illinois State Board of of election shall remove Donald J Trump from The Ballot or cause Any votes cast for him to be suppressed That is the word they use the brazenness I thought Democrats were fighting Against suppression right I'm so Confused they need to make what rules They like on certain days clear we can't Keep up so thankful for katoni brown Jackson for Elena Kagan for these Justices appointed by democrats Soto Mayor who said the rule of law matters Democracy matters this is Americans Institutions working Kim I saw you Nodding when Kaylee hit the point of Taking his name off the ballot and you Couldn't even write it in no not even Write it in I love what you said I Thought they were supposed to be saving Democracy we need to know from day to Day but it's so true and I've been Reading a lot and going on Tik Tok for

Social media getting the update and They're like you know what it was bad Behavior so we need to get him off the Ballot I want each one of you to promise Me right now you will not talk about my Behavior behind the scenes because if we Went on bad behavior to wipe people off Of their jobs I mean I'd be working Nowhere yeah you know what when you put It that way I want to bring in now Shannon bream Chief legal correspondent Fox News Sunday anchor so Shannon I Don't know if you could hear the Conversation but when you put it the way That Kim Douglas just I mean it was Almost like Colorado Maine Illinois and Some pending States want to cancel Donald Trump they just it's like they Got all caught up woo kind of woozy on The cancel Culture I do do think that there are Some State officials out there who would Be very happy to keep them off their Keep him off their ballots they're not Going to be able to do that now but I Would note also during the arguments Chief justice Roberts brought up the Fact that okay if we say it's all right In this instance that doesn't mean there Won't be states that will say okay let's Get some Democrats off the ballot then And then what happens if you have a Patchwork of of States saying no Democrat candidate on our ballots a

Patchwork of State say no Republican Ballot then what then you have a handful Of states that have both the D in the r And those are the only people who get to Decide who is the next president of the United States I mean in the opinion Today they talked about that as well and And this Patchwork idea that Emily Brought up they said essentially that if You allowed states to do this it would Go against this idea the principle that Our country is based on that the repres Uh the president represents all the Voters of this country and if you have Only 20 or 30 States making that Decision it's very hard to say that's Actually where we've gotten so the Justices um spoke with this one voice Again there were the three Four justices who had their own Explanation they wanted to offer Justices Sodom Jackson and Kagan feeling That the broader opinion went too far And got into questions they didn't think Needed to be decided but I thought it Was interesting that Justice Barrett Kind of brings the whole thing together And said this for our present purposes Our differences are far less important Than our unanimity in this decision all Nine justices agree on the outcome of This case and that is the message Americans should take home I mean that's Amazing that they would actually make

This point in their comments I mean That's how critical a juncture that We're at in this country like yes we are Divided on things and thank goodness That we are we would be so boring if we Were all the same we get together we're A great country but we have to be able To do it with civility so you know Shannon as you were talking I I was Thinking what are voters in those States Now who suddenly know today ahead of Super Tuesday that this is in some way settled Now look those states can do what they Want they can still try to fight the Good fight but I'm pretty clear what 90 Says in the US Supreme Court so so now I'm wondering you talk about excitement And intensity in the recent polling and I know you've looked at this because I I Think you had it on Fox News Sunday just Yesterday when you look at the intensity Among Democrats versus Republicans Imagine the intensity in these states That particularly in Colorado where People who wanted to vote for Trump can Now say and my vote will Count exactly because these secretaries Of State these different officials in The different states said we're going to Let these names be on the ballot our Decision is it shouldn't be there and as Kaylee pointed out there was language That said if you know president Trump

Loses this thing we're not going to Count these votes whether they're wtin Whether his name's on the ballot but They put them on the ballots because They knew they were waiting this Decision from the Supreme Court so one Of the briefs in the case talked about That and said you know how are we Supposed to ask people to go to these Polls and to vote for president Trump With no guarantee that they votes Actually going to count or matter you Can't take that away from the voters so Everyone who goes out for super Tuesday Tomorrow in Colorado and Maine who was At some doubt about whether their vote Would count it is going to count Tomorrow if you decide and choose to Vote for the former president Donald Trump it's going to count all right I Just want to bring everybody's attention To the Box on the left screen we saw a Little camera movement there so I don't Want to lose sight of what we're doing And that is we are awaiting the arrival At uh this point of mar Lago of the Former president Donald Trump to speak On the US Supreme Court victory that he And his team I'm sure are cheering Behind the scenes I mean they call it You know an avalanche type of decision Here between this and super Tuesday Which they expect to lock in a Nomination so they're all shades of

Optimistic at this point uh we expect to See the nation's 45th president Momentarily Kaylee you know it's Significant to me Shannon that you had Kagan stto myor and Jackson joining with The major aity here in a 90 unanimous Opinion but Kagan opens the concurrence This way it is not necessary to decide More to dispose of a case than it is Necessary uh not to decide more so she Basically is saying that the majority Opinion pruum decision went too far in Saying the role of Congress in this Decision-making what in practicality Does her concurrence mean does it look More like a 54 Decision well someone argue that but I Think again um what Justice Barrett Makes clear is we're not know on the Question before us which is whether or Not Congress could do this or whether It's left to Colorado Colorado clearly Cannot do that all nine agree that that Decision is reversed it is no good States can't do this but there was an In-depth discussion in that pruum or What you would consider the majority Opinion in this case that does talk About the history the Congressional Intent and all of those things that Those three justices who got together on That concurrence what are considered the Liberal justices on the court didn't Want the court to get into that and in

Fact in one part of their concurrence They say essentially they've cleared Away questions for a future potential Insurrectionist that those questions Wouldn't have to be answered in those Future cases which I think a lot of People would say listen I don't think The Supreme Court is clearing the way For somebody who's a convicted Insurrectionist uh to have no recourse Against them when it comes to the ballot But what they're saying in this case is That's left to Congress the states can't Do it those three concurrence uh Opinions from the liberal justices were Essentially we don't want all those Questions answered we think the court Went too far but we do agree with the 90 Bottom line uh Emily before we go to you I just want to let everybody know is the President comes up uh the former President we will go to that right away Absolutely um and Shannon yeah just to Sort of expound on what you're saying That's why at at the end you know Mentioning the concurrent comments that The main decision says look these are Not the only reasons that the states Lack power um to enforce this particular Constitutional provision with respect to Federal Offices but they're important Ones so yes it's important to note but It's not the only reason so I think that Dispels clearly the notion that well

There is room up for interpretation or Perhaps this there could be wiggle room Later for States I found it fascinating As well in this as we dig into the bones Shannon how the Supreme Court noted that Not only is there precedence for of Course Federal authority over the states Here but there's zero precedence for the States to utilize to apply this section In this way and I found it notable that The Supreme Court said look if we allow This to happen in part could be a Preponderance of the EV in Maine and you Know a substantial amount of evidence in California there's there's absolutely no Uniformity and that's what voters and Americans deserve and something so Sacred federally is the uniformity that We can count on and what do you make of The political tone as well that you know That that this Administration can sort Of Wield a bloat of the federal government Adds to when they want that and yet the Supreme Court strikes that down and at Other times states can try to rise up And the Supreme Court Court will knock Them down there's a definite delation Happening with the Supreme Court under This Administration in particular that I Think shines in favor of the American Voters Autonomy yeah and I think that that is What this court is all about they want

To be a political they want to settle These questions of course there are Going to be fights between the feds and The states the other big one that I Think comes to mind right now is the Issue over immigration you got a number Of State battles and state laws out There remember covering s sp1070 out of Arizona years ago the high court where There's this fight between which poers For the feds which powers for the states They may get to that with this law That's being challenged in Texas as well But in in going through all of those Things they did look at the historical Record and Emily as you mentioned um you Know where are the examples of this in The past and during arguments back on February 8th over this uh that's one of The questions that the attorneys got and I think if I remember correctly it came From Justice Thomas who said where are The extemporaneous examples of when this Was passed it being used in the way that You are arguing it should be used now to Keep a to allow a state to keep a Federal candidate off a federal ballot And the attorney couldn't answer that Question that was a big moment in the Case back on the 8th hey everyone I'm Emily compano catch me and my co-hosts Harris vulner and Kaylee mcki on Outnumbered every weekday at 12:00 pm Eastern or set your DVR also don't

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