March 04, (THEWILL) – The US Supreme Court, on Monday, restored former President, Donald Trump, to the Colorado primary ballot.
Colorado Supreme Court had in December, disqualified Trump from running for president by a Constitutional amendment enacted after the Civil War to keep insurrectionists from holding office.
But a nine-member panel of Justices of the apex court, ruling on an appeal filed by the former president to challenge the decision, unanimously held that states do not have the authority to independently disqualify Donald Trump from the ballot, but only Congress can enforce the Constitution’s ban on insurrectionists serving in federal office.
While only five of the justices held that the only way to enforce Section 3 of the 14th Amendment is through Congressional action, all the justices did not evaluate whether the Jan. 6, 2021, attack on the Capitol was an insurrection and whether Trump engaged in it.
“We conclude that states may disqualify persons holding or attempting to hold state office. But states have no power under the constitution to enforce Section 3 with respect to federal offices, especially the presidency”, the court held.
“Today’s decision, especially the fact that it was unanimous, 9-0, is both unifying and inspirational for the people of the United States of America. They had a chance to do the right thing, and they chose not to”, Trump told Fox News Digital.
Citizens for Responsibility and Ethics in Washington (CREW), the watchdog group representing the Colorado voters who challenged Trump’s eligibility, disputed that characterisation.
The court had the chance to exonerate Trump as an insurrectionist and they chose not to do so, said CREW President, Noah Bookbinder.
“The Supreme Court removed an enforcement mechanism, and in letting Trump back on the ballot, they failed to meet the moment. But it is now clear that Trump led the January 6th insurrection, and it will be up to the American people to ensure accountability”, Bookbinder said.
About the Author
