The Supreme Court will allow Donald Trump to appear on Colorado’s ballot, dealing a blow to arguments that his role in the Capitol riot makes him ineligible for office.
The ruling also paves the way for Trump to run in Maine, where the top election official removed him from the upcoming primary ballot.
In its ruling, the Supreme Court the decision was made “because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”
It added: “Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the states.
“The judgment of the Colorado Supreme Court therefore cannot stand.”
Trump celebrated by posting on Truth Social: “BIG WIN FOR AMERICA!!!”
READ MORE: Trump grilled on plan for ‘third term’ in insurrection Supreme court case
During oral arguments on Thursday, both liberal and conservative justices seemed keen to punt the constitutional questions about Trump’s candidacy away from the states.
Chief Justice John Roberts said it would be a “pretty daunting consequence” if Trump is kept from the presidency because of “a handful of states.” Similarly, Justice Elena Kagan questioned why “a single state” should be able to decide the fate of “the rest of the nation.”
The ruling was largely expected as most justices seemed skeptical of the arguments posed by lawyers for the Colorado voters.
Section 3 of the 14th Amendment prevents anyone who has “previously taken an oath” to serve the country from holding office again if they engage in “insurrection or rebellion” against the US.
Voters in Colorado argue that Trump engaged in insurrection with his actions leading up to the Capitol riot on January 6, 2021.
He refused to concede the election to Joe Biden, telling his supporters to “fight like hell” moments before they broke windows and interrupted the certification of votes in the Capitol building.
Attorneys for Trump argued that January 6 was a “riot” instead of an “insurrection” and that the 14th Amendment doesn’t cover Trump because he wasn’t an “officer” of the US, referring to the specific language of Section 3.
Justice Ketanji Brown Jackson, who was appointed by Joe Biden, seemed sympathetic to that argument.
“I guess that just makes me worry that maybe they weren’t focused on the president,” Jackson said.
Trump’s lawyers also argued that the former president was never formally charged with insurrection. Furthermore, they argued that states couldn’t unilaterally ban someone from running for president, citing an 1869 opinion from Chief Justice Salmon P. Chase that says only Congress can enforce Section 3.
In response, lawyers for the plaintiffs argued that nothing in the 14th Amendment says that “only Congress” can ban someone for insurrection.
Trump is leading the polls for the GOP nomination and the general election in November. His only GOP rival, Nikki Haley, has lost all three primary contests so far.
