The US Supreme Court on Monday delivered a major victory to former President Donald Trump by rejecting a state’s attempt to remove him from the ballot over his alleged role in the Jan. 6 Capitol riot.
The court unanimously reversed the Colorado Supreme Court, which had ruled that Trump was disqualified from running for office again under Section 3 of the Constitution’s 14th Amendment. The provision bars anyone who has held a government position and later “engaged in insurrection” from seeking various offices.
The court said the Colorado Supreme Court had erred by assuming that states have the authority to determine the eligibility of presidential candidates or other federal candidates based on the 14th Amendment. The ruling also clarifies that only Congress, not states, can set the rules on how to enforce Section 3 against federal candidates.
“Because the Constitution makes Congress, rather than the states, responsible for enforcing section 3 against all federal officeholders and candidates, we reverse”
This decision applies to all states, not just Colorado. States still have the power to enforce Section 3 but only against state candidates.
The Supreme Court, however, did not address or decide whether Trump’s actions amounted to an insurrection. This decision doesn’t bode well for those looking to hold Trump accountable for his role in inciting the Capitol riot on Jan. 6, after he lost the 2020 election to Joe Biden.
Colorado Secretary of State Jena Griswold said in a statement that following the court ruling, “Donald Trump is an eligible candidate on Colorado’s 2024 Presidential Primary.” Hence, he is still in the running against opponent Nikki Haley, another Republican presidential candidate, on Super Tuesday taking place tomorrow, March 5.
