In a broad and historic decision, the Supreme Court dismissed a complaint alleging that former President Donald Trump had disqualified himself from office due to his acts on January 6, 2021. On Monday, the court held that Trump could not be removed off the ballot in Colorado or any other state. The idea that the 14th Amendment’s “insurrectionist ban” disqualified Trump due to his activities was refuted by a unanimous court decision that said no state could remove the former president off the ballot.
However, the judges disagreed on procedural issues regarding the enforcement of the ban and did not state whether Trump was, in fact, an insurrectionist—a decision that might have far-reaching implications. The ruling overturned a startling ruling made by Colorado’s highest court last year, which concluded that Trump had committed an insurrection because to comments he had made outside the White House prior to the US Capitol attack in 2021. According to the state court’s ruling, Trump’s activities contravened Section 3 of the 14th Amendment, thereby disqualifying him from contesting the state’s election. Since then, efforts have also been made in Illinois and Maine to remove Trump from the ballot.
The unsigned majority ruling of the court stated that “States may disqualify persons holding or attempting to hold state office.” “However, the Constitution does not grant states the authority to enforce Section 3 with regard to federal offices, particularly the presidency.” The Supreme Court’s succinct ruling made it clear that states could not strike down a federal candidate, particularly a presidential contender, on the grounds of violating the Constitution’s “insurrectionist ban.” The court stated that Congress, not the states, is the one who can execute the clause. The court’s unsigned ruling stated, “It is simply implausible that the Constitution grants the states more freedom than Congress to decide how Section 3 should be enforced with respect to federal officers.”
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