After Trump wins at the Supreme Court, some warn it may be harder for Congress to boot 'oathbreaking insurrectionists'

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Lawrence Hurley covers the Supreme Court for NBC News.

WASHINGTON — In ruling that states cannot kick Donald Trump off the ballot, the Supreme Court placed significant limits on any effort — including by Congress — to prevent the former president from returning to office. Should Trump win the presidential election and lawmakers then seek to not certify the results and prevent him from taking office because he 'engaged in insurrection' under Section 3 of the Constitution's 14th Amendment, the decision could foreclose that action.

By weighing in on the role of Congress, 'the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office,' they added. One sentence in particular attracted the attention of legal experts, with the liberal justices writing that the majority was seemingly 'ruling out enforcement under general federal statutes requiring the government comply with the law.

 

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