On Monday, the US Supreme Court decisively removed a potential obstacle to Donald Trump’s bid for a White House return, unanimously overturning a Colorado state court ruling that could have blocked him from the ballot over accusations of insurrection.
The court’s ruling in favor of the former president came just ahead of the Super Tuesday primaries, which are anticipated to solidify Trump’s path towards securing the Republican nomination to challenge incumbent President Joe Biden in the November elections.
At the heart of the matter was whether Trump’s involvement in the January 6, 2021, assault on the US Capitol by his supporters rendered him ineligible to appear on the Republican presidential primary ballot in Colorado. However, in a unanimous 9-0 decision, the Supreme Court declared that “the judgment of the Colorado Supreme Court… cannot stand,” effectively permitting 77-year-old Trump, the leading contender for the Republican nomination, to feature on the state’s primary ballot.
The case originated from a December ruling by the Colorado Supreme Court, one of the 15 states and territories participating in Super Tuesday, which invoked the 14th Amendment to the Constitution to argue for Trump’s removal from the ballot. The state court cited Section 3 of the 14th Amendment, which prohibits individuals from holding public office if they have engaged in “insurrection or rebellion” after pledging support for the Constitution.
However, during subsequent Supreme Court arguments last month, justices from both conservative and liberal wings expressed reservations about allowing individual states to determine which candidates could appear on the presidential ballot in November. Consequently, the Supreme Court concluded that the responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress, rather than individual states.
Section 3 of the 14th Amendment, enacted in 1868 following the Civil War, aimed to prevent supporters of the secessionist Confederacy from assuming federal positions or being elected to Congress.
In addition to the Colorado case, the Supreme Court has also agreed to hear Trump’s assertion of immunity from criminal prosecution as a former president, specifically in connection with charges related to his alleged role in attempting to overturn the 2020 election results. Despite being impeached by the House of Representatives for inciting an insurrection, Trump was acquitted in the Senate, with Republican members largely supporting his defense.
