The Supreme Court ruled Monday that former President Donald Trump should appear on the ballot in Colorado in a decision that follows months of debate over whether the frontrunner for the GOP nomination violated the “insurrectionist clause” included in the 14th Amendment.
The opinion is a massive victory for Trump, vanquishing one of the many legal threats that have both plagued and animated his campaign against President Joe Biden. Though the decision has no impact on the four ongoing criminal cases that Trump is facing, including the federal election subversion case that covers some of the same conduct surrounding January 6, 2021.
The court was unanimous on the idea that Trump could not be unilaterally removed from the ballot.
But the justices were divided about how broadly the decision would sweep. A 5-4 majority said that no state could dump a federal candidate off any ballot – but four justices asserted that the court should have limited its opinion.
A five-justice majority – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – wrote that states may not remove any federal officer from the ballot, especially the president, without Congress first passing legislation.
“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 opinion states.
“Nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates,” the majority added.
“BIG WIN FOR AMERICA!!!” Trump wrote on social media.
Four of the justices disagreed on the scope of…
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