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Katy Tur Reports

their decision? >> i think it does, and just the possibility that there could be more, i think, hastens their decision. the instant there were two instead of one, the likelihood of the court taking the case increased exponentially, and it was already quite high. that having been said, i don't believe that this supreme court will rule in a way that requires donald trump to be disqualified across all 50 states ballots. nor do i believe they will uphold the colorado supreme court in a way that allows other states to make their own patch work of decisions. the worst case scenario here is that the supreme court would uphold colorado, and yet say that the colorado district court's factual findings were its to make but certainly not binding on any other secretary of state or state court. and that could set off, katy, a pattern of chaos, the likes of which we still have not seen in

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Katy Tur Reports

when we're talking about a general election, that person is much closer to quote, unquote, holding the office, which is language that's used in section 3 of the 14th amendment. the question of whether or not a primary is when a state can trigger the 14th amendment is a grounds on which at least one state supreme court has taken a pass at this, saying it's premature at this point. it's just a primary. the primary process is one that has to be controlled in that state, in that case it was minnesota. the party controls the primaries, not the state apparatus, and therefore to the extent that this is a question of law, this court is going to determine, the minnesota supreme court said we're not going to deal with this now, we can deal with it later, however. >> does it get more pressing for the supreme court if other states start getting involved. we have maine. others could try to declare donald trump unqualified as well. the secretaries of state could do it alone. it could go through the courts system. if there are more, does the supreme court feel more pressure, and does that hasten

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Katy Tur Reports

arguing that texas is over exceeding its authority to protect borders. that solely is a federal responsibility. they say that they gave texas an ultimatum, basically take this law off the books by january 3rd or we will sue, and they now have sued. we have heard a response from texas leaders. governor greg abbott sharing he likes his chances in court if this law is challenged and the attorney general ken paxton sharing that they are more than willing to fight the biden administration over this law, which as you mentioned will go into effect in march. in the meantime, texas also fielding another challenge from the state of new york. the mayor of new york city, adams sharing today, katy, just a short time ago, that he plans to sue more than 15 charter bus companies from texas for more than $700 million in costs, in damages, essentially, because that's what it cost the city of

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Katy Tur Reports

take an originalist approach, and look at what that language says and how it was intended by the people who wrote it, this is the case that they had in mind, and it clearly applies here. >> there are those who will argue including donald trump's team that taking him off the ballot is anti-democratic, that the voters should have the say. if he's left on the ballot after a colorado court found this, if the supreme court doesn't touch this or decide colorado was wrong in some way, are they essentially saying someone who engages in insurrection is allowed to be president. are they saying someone like jefferson davis could have been president? >> i think that that is essentially what they would be saying if they prevent the enforcement of this important constitutional provision. you know, i find it rich that the person who tried to keep himself in power after losing an election, which would have disenfranchised millions and

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Katy Tur Reports

the colorado supreme court or vacating that decision in some way, you know, either way, right now, donald trump is on the ballot, and therefore, the united states supreme court may not feel itself in any hurry. they also may make a determination that it is premature and not right when someone is just running in a primary to invoke section 3 of the 14th amendment. indeed, that's one of the arguments that team trump makes in their brief to the court, and that's a convenient off ramp for the supreme court, particularly a supreme court that might not want to deal with the facts of whether or not former president trump has engaged in or participated in an insurrection. >> that leads me to a lot of questions. one, i'll ask you this, if it gets to the general election and the supreme court is weighing this, would they feel more comfortable in the general election saying that the republican candidate is not qualified? that seems to be even higher stakes. >> it is higher stakes but at the same time, at that point

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Katy Tur Reports

to military and overseas ballots. february 12th, first day ballots can be sent to other colorado voters. that's coming up very very fast, and the printing does take some time. garrett haake, thank you very much. joining us now, msnbc legal analyst, lisa rubin, so you watched the court. what is your expectation of when and if they will take this up? >> katy, i think they will take this up, and the decision by maine secretary of state, sheena bellos to disqualify trump for her state ballot, increases the likelihood that john roberts and his colleagues will make a decision with respect to his cert petition from donald trump. the question is when, however, and that's one that the court and only the court can decide. you noted at the outset that the decision is stayed right now. which means donald trump will appear on the colorado ballot unless and until there is a decision from the united states supreme court either upholding

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Katy Tur Reports

nobody would suggest that congressional action was required to free enslaved people or to give the vote to african americans or ensure equal protection, which were other provisions that came in the same slate of amendments. we don't think it applies here. that's something that certainly, you know, would be very useful to get the supreme court's guidance on that point. similarly, we think it's clear that it applies to the president of the united states, but again, that's an issue that, you know, probably makes sense to have the supreme court weigh in on. and give some clarity. >> the conservatives on the court call themselves originalists, they call themselves textualists. if you are arguing to them to abide by the text of the constitution, the original reading of the constitution, what does it say to you? what should they see in those words? >> well, you know, we think it

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Katy Tur Reports

and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. the justice department is suing texas over a new law that would allow state authorities like sheriffs or local police to arrest migrants they suspect of entering the u.s. illegally. federal prosecutors are asking the court to declare that law invalid and to block texas from enforcing it before it does take effect on march 5th. joining us from texas, morgan chesky. explain why they think it is invalid. >> reporter: in a word, they are calling it unconstitutional,

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