Attorney Alan Dershowitz has recently articulated a rather bold prediction: some of the so-called “liberal” justices on the U.S. Supreme Court might actually find it within their hearts to halt the legal onslaught against President-elect Donald Trump. While one might view this as a long shot, Dershowitz is nothing if not optimistic about the principles of fairness and due process prevailing in this topsy-turvy legal landscape.
On Tuesday, a New York appeals court made the dubious decision to deny Trump’s request to call off a sentencing hearing scheduled for January 10. Despite this setback, Dershowitz sees a potential silver lining. His confidence stems from a belief that liberal justices may eventually side with Trump, driven by the very principles they profess to uphold. Maybe, just maybe, they will surprise everyone by ditching the partisan playbook, choosing instead to embrace a more constitutional view of justice.
Dershowitz Predicts Supreme Court ‘Liberals’ Will ‘Go Along’
With Halting Lawfare Against Trump https://t.co/lRgrHVe5U4https://t.co/cH8EeMq4hf— NahBabyNah #Trump (@NahBabyNah) January 8, 2025
Dershowitz, with a flair for the dramatic, suggested that any alleged misconduct regarding payments to former Trump lawyer Michael Cohen was likely the handiwork of a low-level staffer merely checking boxes on a form. This sophisticated legal maneuvering (or lack thereof) does not equate to a crime in the minds of rational people. Even the founding father Thomas Jefferson would appear to agree on this point, as he argued that laws should be so clear that the average person could understand them—even while running for office.
In a shocking revelation of transparency, Dershowitz humorously recounted a moment discussing Jefferson with Trump, claiming both found amusement in the notion that the founding principles might actually come into play in contemporary politics. Meanwhile, a Manhattan jury handwriting exercises had found Trump guilty of 34 counts of falsifying business records, a decision that continues to vex many who see it as an affront to justice rather than a legitimate legal ruling.
The crux of Dershowitz’s argument goes beyond the specifics of this case. He posits that the appellate courts, and especially the Supreme Court, have a duty to adhere to fairness and due process. With a couple of recent rulings showing a surprising alignment on the Court, it wouldn’t be shocking if justices typically viewed as liberal choose to step away from partisan lines when deciding Trump’s fate. After all, the Constitution waits for no political affiliation, and fairness should trump partisanship, even for those who usually play politics at the highest level.
Justice Ketanji Brown Jackson, despite being an appointment from the Biden administration, recently sided with conservative justices in a ruling questioning the Department of Justice’s interpretation of the law regarding the January 6 incident. Similarly, she along with her fellow justices, played a role in overturning a ruling that sought to exclude Trump from the Colorado ballot under the 14th Amendment. Such decisions hint that even within the ranks of the liberal justices, there exists a desire to uphold constitutional principles, possibly paving the way for an unexpected outcome in Trump’s ongoing legal battles.