Supreme Court Rules Trump Should Appear on Colorado Ballot, Victory for Former President
In a major victory for former President Donald Trump, the Supreme Court has ruled that he should appear on the ballot in Colorado. This decision comes after months of debate over whether Trump violated the “insurrectionist clause” included in the 14th Amendment. While this ruling does not impact the ongoing criminal cases against Trump, including the federal election subversion case, it is a significant win for him in his campaign against President Joe Biden.
The court was unanimous in its decision that Trump could not be unilaterally removed from the ballot. However, the justices were divided on the scope of the ruling. A 5-4 majority stated that no state could remove a federal candidate from any ballot, while four justices argued that the court should have limited its opinion. The majority, consisting of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, wrote that states cannot enforce Section 3 of the 14th Amendment against federal officeholders without Congress passing legislation.
The Supreme Court’s opinion does not directly address whether Trump’s actions on January 6 qualified as an “insurrection.” The court’s ruling sidesteps this issue, which had been debated in the lower courts in Colorado. Although the court did not address the insurrection language from Colorado, Citizens for Responsibility and Ethics in Washington, a liberal group that filed the lawsuit on behalf of Republican voters, stated that every court that has examined the issue has determined that January 6th was an insurrection incited by Trump.
The decision marks the first time the Supreme Court has weighed Trump’s actions on January 6. It comes just a day before Super Tuesday, when several states and territories, including Colorado, will hold nominating contests. The use of the 14th Amendment to challenge Trump’s candidacy has always been seen as a legal longshot. However, it gained momentum with a win in Colorado’s top court in December, leading to the appeal to the US Supreme Court. Trump was also removed from the ballot in Maine and Illinois.
The meaning and application of the 14th Amendment’s ban on certain officials who engaged in insurrection has been subject to considerable uncertainty. Conservative and liberal justices raised questions about the fairness of Colorado answering those questions for the rest of the nation. Trump’s lawyers argued that using the 14th Amendment to deprive him of appearing on the ballot would be unconstitutional and “un-American.” Similar challenges against Trump under the 14th Amendment were rejected in Minnesota, Michigan, Massachusetts, and Oregon.
The case was filed in Colorado by Citizens for Responsibility and Ethics in Washington on behalf of six Republican and independent voters. The state district judge concluded that Trump should stay on the ballot despite engaging in an insurrection, as the ban did not apply to presidents. The Colorado Supreme Court affirmed Trump’s role in the US Capitol attack but determined that the ban did apply to presidents. Only three states, including Colorado, had removed Trump from the ballot due to the insurrectionist ban.
During the Supreme Court arguments, it appeared that Trump would win. Conservative justices like Roberts and Kavanaugh posed friendly questions to Trump’s lawyer, while the attorney representing the voters faced more pointed questioning. Justices Kagan and Jackson also challenged some of Trump’s arguments. Ultimately, the court’s decision to allow Trump to appear on the Colorado ballot is a significant victory for him and sets a precedent for other states.
In conclusion, the Supreme Court’s ruling to include Donald Trump on the Colorado ballot is a major win for the former president. Despite ongoing criminal cases against him, this decision solidifies his position as a GOP frontrunner and deals a blow to his opponents. The court’s unanimous decision prevents any unilateral removal of federal candidates from ballots and sets guidelines for the enforcement of Section 3 of the 14th Amendment. While the ruling does not address the question of whether Trump’s actions on January 6 constituted an insurrection, it affirms his right to compete in the election. This decision will have a lasting impact on the political landscape as the nation moves closer to the November election.
