Supreme Court keeps Trump on ballots

Sign reading "not eligible" held up in front of the Supreme Court Building

Supreme Court says Colorado can't bar Trump from the ballot

(Image credit: Celal Gunes / Anadolu via Getty Images)

published 5 March 2024

What happened?

The Supreme Court ruled unanimously Monday that Colorado and other states cannot disqualify former President Donald Trump from federal office under Section 3 of the 14th amendment, which bars candidates who "engaged in insurrection." A 5-4 majority said Congress must pass legislation for the 14th Amendment to be enforced.

Who said what?

States "have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the presidency," the Supreme Court said in an unsigned 9-0 opinion. The five-justice majority went too far, unnecessarily attempting to "insulate all alleged insurrectionists from future challenges to their holding federal office," Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said in a concurring opinion. Trump said he thinks the "very well-crafted" decision "will go a long way toward bringing our country together."

The commentary

Keeping Trump on the ballots is "defensible," but the "bare" 5-4 majority "had no reason to nullify the insurrection clause" other than as a special "unwarranted gift to Donald Trump" and other Jan. 6 "oathbreakers," Mark Joseph Stern said at Slate. This "clear legal win" for Trump also undermined a "central theme" of his campaign, that the courts are "hopelessly corrupt, conflicted and rigged against him," Jonathan Karl said at ABC News.

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What next?

Rep. Jamie Raskin (D-Md.) said he's working on a bill to bar insurrectionists from office. Meanwhile, Axios said, the court's ruling "likely opened the door for Jan. 6 rioters to run for federal office."

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.