He took particular issue with Chief Justice John Roberts writing that he did not take into account Trump’s prior anti-Muslim comments when determining the legality of the president’s third iteration of the travel ban.
“We express no view on the soundness of the policy,” Roberts wrote.
On Tuesday’s “The Late Show,” Colbert likened the approach to a lawyer arguing that a murderer couldn’t be found guilty if a judge ignored the existence of the weapon.
″Well, sure, if you set aside everything he said, it’s legal,” Colbert said. “That’s like a lawyer saying, ’My client is innocent, your honor, as long as you set aside the bloody knife he was holding while he screamed, ‘I loves me some murdering!’”
Check out the full clip in the video above.