The US Supreme Court ruled Monday that states cannot enforce Section 3 of the Fourteenth Amendment against federal candidates, keeping former US President Donald Trump on Colorado’s election ballot.
While all nine justices agreed to restore Trump to the ballot, the majority found that Section 3, otherwise known as the insurrection clause, may only be enforced by the US Congress. Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson wrote concurrences arguing that the court should not have decided how the federal government may enforce Section 3.
The court heard oral arguments in Trump v. Anderson on February 8. Previously, the Colorado Supreme Court removed the former president from the state’s primary election ballot after it found that Trump was ineligible due to Section 3 of the Fourteenth Amendment, which prohibits anyone from “hold[ing] any office, civil or military, under the United States, or under any State, who, having previously taken an oath … engaged in insurrection or rebellion.”
This is a developing story.
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