response to attorney Alina Habba’s assertion that Supreme Court Justice Brett Kavanaugh would “step up” to overturn the Colorado Supreme Court’s decision disqualifying former President Donald Trump from the ballot, conservative commentator Scott Jennings criticized her statements on Friday. Habba had conveyed to Fox News that Trump “went through hell” to secure Kavanaugh’s appointment and expressed confidence in a favorable Supreme Court outcome, stating, “I have faith in them.”
Jennings, however, took issue with Habba’s remarks during an interview with CNN, deeming them “bad.” He argued against the approach of suggesting political motivations for a Supreme Court justice’s decision, stating, “You can’t go on TV, as a lawyer, defending somebody and say, ‘Well, Brett Kavanaugh, he’s going to vote for Trump cause, you know, he likes him.'” Jennings emphasized that while he agreed with Habba’s legal analysis, articulating political reasons for a justice’s vote was a “terrible idea.”
He further clarified his position, asserting that he believed the Supreme Court would likely be reluctant to bear the responsibility of removing a presidential candidate from the ballot in all 50 states. Despite aligning with Habba’s legal assessment, Jennings cautioned against injecting political considerations into discussions regarding a Supreme Court justice’s decision.