Supreme Court Rules Trump Can Remain on Colorado Ballot

The United States Supreme Court will allow Donald Trump to appear on Colorado’s 2024 presidential primary ballot, reversing a lower court’s earlier decision to disqualify him from the race.

The U.S. Supreme Court overruled the Colorado Supreme Court in a 9-0 decision on Monday, rejecting its assertion that Trump should be barred from the Republican primary election based on Section 3 of the U.S. Constitution’s 14th Amendment, which disqualifies individuals who have “previously sworn an oath to support the Constitution” and have “engaged in insurrection or rebellion” from holding office.

During oral arguments in February, SCOTUS justices expressed concerns about letting states decide who is eligible for the presidency, offering a preview of their final decision. The ruling, which determined that it is up to Congress to enforce the 14th Amendment, sets a precedent that all states must follow.

The current justices of the U.S. Supreme Court. PHOTO: OLIVIER DOULIERY/AFP VIA GETTY

Roughly one week after the Colorado court barred Trump from appearing on its presidential primary ballot, Maine also disqualified him. Maine Secretary of State Shenna Bellows, a Democrat, issued that ruling, similarly citing the 14th Amendment. “The U.S. Constitution does not tolerate an assault on the foundations of our government,” Bellows wrote in the 34-page decision, which was suspended until the Supreme Court ruled on the matter, per the Associated Press.

In February, an Illinois circuit judge joined the chorus, ruling that Trump should not be eligible to hold federal office after digging into evidence of an insurrection. In that case, the judge acknowledged that the Supreme Court may nullify her decision.

Cases challenging Trump’s candidacy have been filed in numerous states. The Michigan Supreme Court declined to reconsider a Court of Appeals decision that allowed Trump to remain on the primary ballot, after a group of voters argued that the former president should be disqualified.

California’s Democratic secretary of state also declined efforts to remove Trump from its ballot, despite calls from the state’s lieutenant governor to do so.

The Jan. 6, 2021, Capitol riot — in which MAGA protesters sought to prevent the 2020 presidential election from being certified — is central to the 14th Amendment case against Trump. PHOTO: SHUTTERSTOCK

In August, Trump was indicted on four criminal counts by a federal grand jury investigating the Jan. 6, 2021, Capitol riot and other efforts to overturn the 2020 presidential election.

Per the indictment, Trump was charged with one count each of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

The former president has been charged in four separate criminal cases since leaving office, each of which are awaiting trial.

The federal Jan. 6 case is on hold until the Supreme Court weighs in on whether Trump can be prosecuted for possible crimes committed while he was president; a decision in that case is likely to come in June, which would leave a small window of time for a pre-election trial.