SCOTUS Allows Trump on Colorado Primary Ballots

Facts

  • The US Supreme Court (SCOTUS) Monday struck down the Colorado Supreme Court’s ruling removing former Pres. Donald Trump from the state’s 2024 presidential primary ballot in a unanimous ruling that applies to all 50 states.1
  • The 9-0 decision comes just one day before the Super Tuesday primaries, and it prevents other states — including Illinois and Maine — from removing Trump, the frontrunner for the 2024 Republican presidential nomination, from their ballots.2
  • In December, Colorado’s high court removed Trump from the state’s ballot — saying he was disqualified under Section 3 of the 14th Amendment, a Civil War-era provision banning individuals from holding office who took an oath to the Constitution and later 'engaged in insurrection.'3
  • In an unsigned opinion, SCOTUS ruled that only Congress — not the states —can enforce Section 3 by passing 'appropriate legislation.'4
  • However, the court’s three liberal justices — Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson — wrote in a concurring opinion that the majority overreached by ruling only Congress has the power to enforce Section 3.5
  • This ruling did not address the merits of claims Trump engaged in insurrection during the Jan. 6, 2021 Capitol riots.6

Sources: 1NBC, 2Associated Press, 3Daily Caller, 4SCOTUS Blog, 5ABC News and 6CNBC.

Narratives

  • Pro-Trump narrative, as provided by American Greatness. This is a major victory for Trump. It's clear the attempt by Colorado and other states to declare the former president of being an insurrectionist and remove him from the ballot was nothing more than a political stunt because his opponents know they're unlikely to beat him in an election.
  • Anti-Trump narrative, as provided by Slate. The liberal justices' concurrence proved this isn't the resounding victory Trump and his inner circle claim it is. SCOTUS didn't exonerate Trump for his actions from Jan. 6 and the debate over whether an insurrection can run for office will continue. It's important to provide the full context of this ruling.

Predictions