The U.S. Supreme Court sided unanimously with former President Trump in his challenge to the state of Colorado’s attempt to kick him off the 2024 primary ballot.
All nine justices ruled in favor of Trump in the case, which will impact the status of efforts in several other states to remove the likely GOP nominee from their respective ballots.
The court considered for the first time the meaning and reach of Article 3 of the 14th Amendment, which bars former officeholders who "engaged in insurrection" from holding public office again. Challenges have been filed to remove Trump from the 2024 ballot in over 30 states.
"We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency," the Court wrote.
Colorado's Secretary of State Jena Griswold issued a statement Monday on the opinion saying, "The United States Supreme Court has ruled that states do not have the authority to enforce Section 3 of the 14th Amendment for federal candidates."
"In accordance with this decision, Donald Trump is an eligible candidate on Colorado’s 2024 Presidential Primary," she said.
Trump reacted to the ruling in a post on Truth Social saying, "BIG WIN FOR AMERICA!!!"
The state of Colorado had argued that because they determined Trump’s behavior related to 2020 election interference – culminating with the Jan. 6 Capitol riots – amounted to an "insurrection," he should be removed from the state’s ballot.
The Supreme Court, however, said, "state enforcement of Section 3 with respect to the Presidency would raise heightened concerns."
"Conflicting state outcomes concerning the same candidate could result not just from differing views of the merits, but from variations in state law governing the proceedings that are necessary to make Section 3 disqualification determinations," the opinion states.
"The result could well be that a single candidate would be declared ineligible in some States, but not others, based on the same conduct (and perhaps even the same factual record)."
"The ‘patchwork’ that would likely result from state enforcement would 'sever the direct link that the Framers found so critical between the National Government and the people of the United States' as a whole," the opinion says.
The court's majority also seemed to signal against any future attempts by states to try to invalidate Trump after he is possibly elected or inaugurated.
"An evolving electoral map could dramatically change the behavior of voters, parties, and States across the country, in different ways and at different times. The disruption would be all the more acute — and could nullify the votes of millions and change the election result — if Section 3 enforcement were attempted after the Nation has voted," the opinion says.
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11.23.2024