Neal Katyal was not kind to the CO lawyers in his analysis

[senseandsensibility]

He pointed out that they failed to make the case for what the risk to leaving cheato on the ballot would be, and that they did not remind the justices of their former adherence to "textualism". He and most of us can see where this is going.

Now....on to the immunity case! The clock's ticking!

[hlthe2b]

1. Not the state of Colorado's lawyer, but the CO LITIGANTs' lawyer--they should have hired Katyal.

Very foolish to hire someone with no experience before SCOTUS. The lawyer FOR the CO SOS was better, but her role was quite different.

[LonePirate]

2. Those arguments would not have mattered since Roberts pushed the case to being one that states cannot decide it.

The justices this morning came down heavily on the side that states cannot decide when a candidate is an insurrectionist and can be removed from a ballot. They seemingly want Congress to make that determination which will never happen in any era of divided government.

The Colorado lawyers could have argued all day about textualism or TFG’s threat to the country and it would not have swayed a single justice.

[Sympthsical]

4. Yeah, I don't buy this argument

Fundamentally it comes down to, "Why didn't they call Trump an insurrectionist even harder?"

This is the Supreme Court, not a cable news panel. The justices were interested in constitutional procedures, mechanisms, and jurisdiction. One of the justices, I think Alito, asked more or less "Do you want us to hold what is functionally a criminal trial every time this comes up?" Which isn't this Court's job.

Katyal's been spending a little too much time on cable news and Twitter, imo. He's playing to what works with his audience, not to what would've worked on the Justices.

[SunSeeker]

3. Disappointing. But this case was already decided. nt

[Jarqui]

5. If the states cannot decide it ,,,

doesn't that leave the door ajar for someone to press for a federal decision?

[C_U_L8R]

6. Neal was kind

The Colorado team was dedicated but could have brought more expert talent to clearly win their case. Of course, the justices jump at any hesitation and they did. In the heat of it, some can turn that situation into winning argument, and others not so much. I fear we're gonna be stuck with a lousy, but maybe deserved, ruling.

[bigtree]

7. Katyal immediately jumped to blame the Colorado attorney

...for not overcoming the strident defenses of the Trump position by SC justices, as if his own expertise could magically make the Trump appointees and ilk amenable to something more than protecting their benefactor and ally.

Always disappointing to see experienced professionals reflexively blame the people working to hold the miscreants accountable, instead of the actual offenders.

I find Katyal politically inept and often tone-deaf. That doesn't stop him from blending his opining on political implications of law with denigration of figures like the SC, the AG, and even the president to make his cynical points.

Still smh over his 'freak out' on tv a day before the appeals court ruled against Trump which had so many gaslighting ripples that saw DU and other folks waiting for justice wringing hands over the slight delay in ruling.

[LetMyPeopleVote]

8. Colorado's attorney did not do a good job

Link to tweet