The Supreme Court on Monday restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president to account. a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion.
The court held that states may bar candidates from state office. “But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the court wrote. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they agreed that allowing the Colorado decision to stand could create a “chaotic state by state patchwork” but said they disagreed with the majority’s finding a disqualification for insurrection can only happen when Congress enacts legislation.
Hasen was among those urging the court to settle the issue so there wasn’t the risk of Congress rejecting Trump under Section 3 when it counts electoral votes on Jan. 6, 2025. Conservative and liberal justices questioned the case against Trump. Their main concern was whether Congress must act before states can invoke the 14th Amendment. There also were questions about whether the president is covered by the provision.
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