The justices rejected state attempts to hold the former president accountable for the Capitol riot. 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 justices sidestepped the politically fraught issue of insurrection in their opinions Monday, but some Trump critics pointed to the silence on that topic as a victory of sorts because the court failed to absolve him of responsibility for the Capitol riot. The Supreme Court rules Former President Donald Trump can remain on the the Colorado ballot, just one day ahead of Super Tuesday.
Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision. Rick Hasen, a law professor at the University of California-Los Angeles, wrote that it’s frustratingly unclear what the bounds might be on Congress.
The arguments in February were the first time the high court had heard a case involving Section 3. The two-sentence provision, intended to keep some Confederates from holding office again, says that those who violate oaths to support the Constitution are barred from various positions including congressional offices or serving as presidential electors. But it does not specifically mention the presidency.
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