The Supreme Court unanimously ruled Colorado’s removal of former President Donald Trump from the presidential primary ticket to be unconstitutional this morning.
The court heard the oral arguments in the case last month, and most expected the court to rule in Trump’s favor in Trump v. Anderson. The unanimous decision was, however, a surprise to some.
“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 ruled.
Colorado’s supreme court had Trump removed from the primary ticket in December, citing section 3 of the 14th amendment, which states:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Not only would this clause require concrete evidence that the Jan. 6 protests were actually intended to be an insurrection or rebellion, but it would also require proof that Trump actively engaged in the “insurrection.” Not only is the isolated event nearly impossible to classify as a rebellion against the Constitution, Trump wasn’t even there and only asked that people protest the decision, not overthrow the country.
Additionally, as stated by the court, the state of Colorado has no power to enforce the 14th Amendment in regard to federal positions.
Trump, of course, responded favorably to the decision.
BREAKING: Former President Donald Trump reacts after Supreme Court grants him victory, ruling unanimously 9-0 that he cannot be kicked off 2024 ballot in Colorado. Developing details on this story. https://t.co/7CcK5MSxGH pic.twitter.com/Y4H0YlEavu
— Fox News (@FoxNews) March 4, 2024
Allowing citizens to vote for the candidate of their choice is absolutely essential to our country and its founding ideals.
