Asmaa Al-Jalal Faces Public Outrage Over “Offensive Remarks” – Saudi News
- the Supreme Court on Monday, January 15, 2024, ruled 6-3 that states can disqualify former President Donald Trump from appearing on the ballot under Section 3 of the...
- Section 3 of the 14th Amendment, ratified in 1868, prevents anyone who has taken an oath to support the Constitution and then engaged in "insurrection or rebellion" against...
- A group of Colorado voters, represented by the non-profit Citizens for Obligation and Ethics in Washington (CREW), argued that Trump was disqualified from the ballot as of his...
Supreme Court Upholds Colorado Ruling Disqualifying Donald Trump from Ballot
Table of Contents
the Supreme Court on Monday, January 15, 2024, ruled 6-3 that states can disqualify former President Donald Trump from appearing on the ballot under Section 3 of the 14th Amendment, but reversed the Colorado Supreme court’s decision to remove him specifically, citing a lack of congressional action clarifying the amendment’s application to presidential elections. The ruling leaves Trump’s eligibility for the ballot in other states largely unchanged, but sets a precedent for future challenges.
Background: Section 3 of the 14th Amendment
Section 3 of the 14th Amendment, ratified in 1868, prevents anyone who has taken an oath to support the Constitution and then engaged in “insurrection or rebellion” against it from holding office. This clause was originally intended to prevent former Confederate officials from regaining power after the Civil War. The central question in the case was whether this provision applies to the office of the President and, if so, what constitutes “insurrection or rebellion” and who determines that.
The Colorado Case
A group of Colorado voters, represented by the non-profit Citizens for Obligation and Ethics in Washington (CREW), argued that Trump was disqualified from the ballot as of his actions surrounding the January 6, 2021, attack on the U.S. Capitol. They argued that Trump incited the riot and thus engaged in insurrection. The Colorado District Court initially ruled that Trump did engage in insurrection, but persistent that the president wasn’t an “officer of the United States” as defined by Section 3, and therefore wasn’t disqualified. The Colorado Supreme Court reversed that decision on December 19, 2023, ruling 4-3 that Trump was indeed disqualified and removed him from the state’s primary ballot. CBS News reported extensively on the Colorado court rulings.
The Supreme Court Ruling
Writing for the majority, Justice Clarence Thomas stated that while Section 3 is valid and can be used to disqualify individuals from holding office, the Colorado Supreme Court overstepped its authority in removing Trump from the ballot. The Court found that Congress must pass legislation clarifying how Section 3 applies to presidential elections before states can enforce it.
“In the absence of such legislation, a State may not enforce Section 3 against a presidential candidate,” the Court wrote in its opinion.
The three dissenting justices – Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson – argued that the majority opinion undermined the 14th Amendment’s intent and allowed someone who engaged in insurrection to potentially hold the highest office in the land. Justice jackson, in her dissent, wrote that the majority’s decision “discounts the gravity of the events of January 6th and the threat they posed to our democracy.” The New York Times provided detailed coverage of the dissenting opinions.
Implications
The ruling does not definitively resolve Trump’s eligibility for the presidency. While the Colorado decision was overturned, other states could still attempt to disqualify him based on Section 3, but would likely face similar legal challenges. The decision effectively pushes the issue back to Congress to determine how Section 3 should be applied to future presidential elections. As of January 17, 2024, challenges to Trump’s ballot access are ongoing in several other states, including Illinois and Maine. maine’s Secretary of State,Shenna Bellows,determined on December 28,2023 that Trump was disqualified,but that decision is currently stayed pending appeal.
The case is Trump v. Anderson, No. 23-762, in the Supreme Court of the United States.