In a significant ruling, the Supreme Court has reinstated Donald Trump onto the 2024 presidential primary ballots, rejecting state efforts to hold the former Republican president accountable for the Capitol riot.
This decision, which came just a day before the Super Tuesday primaries, clarifies that states cannot utilize a post-Civil War constitutional provision to prevent presidential candidates from appearing on ballots without prior action from Congress.
The ruling effectively puts an end to endeavors in Colorado, Illinois, Maine, and other states to remove Trump, the leading contender for the Republican nomination, from the ballot due to his actions following his loss in the 2020 election to Democrat Joe Biden, culminating in the January 6, 2021, attack on the Capitol.
Trump’s case marked the Supreme Court’s first encounter with a provision of the 14th Amendment aimed at preventing former officeholders who “engaged in insurrection” from holding office again. Notably, Colorado’s Supreme Court had previously determined that this provision, known as Section 3, could be applied to Trump, making it a groundbreaking decision as no court had previously applied Section 3 to a presidential candidate.
Concerns have been raised by some election observers regarding the implications of a ruling necessitating congressional action to implement Section 3. This could potentially lead to renewed attempts to disqualify Trump if he were to win the election, with a Democratic-controlled Congress potentially refusing to certify his election on January 6, 2025, under this clause.
The Supreme Court’s involvement in this case, which followed expedited proceedings and oral arguments held less than a month ago, highlights its most direct intervention in a presidential election since the contentious Bush v. Gore decision in 2000. This decision is one among several cases directly involving Trump or impacting his potential return to the presidency, including an upcoming case in April regarding whether he can be criminally prosecuted for his role in the Capitol attack.
During the February arguments, the justices, both conservative and liberal, questioned the case against Trump, particularly regarding whether Congress’s action is required before states can invoke the 14th Amendment and whether the provision applies to the presidency.
Trump’s legal team presented various arguments against his exclusion from the ballot, contending that the Capitol riot did not constitute an insurrection, and even if it did, Trump’s actions did not align with that classification. They also argued that the wording of the amendment excludes the presidency and candidates running for president, and even if not, congressional action would be necessary to enforce Section 3.
The decision, rendered by a court that includes three justices appointed by Trump, underscores the high court’s involvement in contentious political matters and its refusal to shield Trump from legal challenges related to his presidency.
