Courts & Litigation Criminal Justice & the Rule of Law

Supreme Court Keeps Trump on the Colorado Ballot

Hyemin Han
Monday, March 4, 2024, 10:11 AM

In a 9-0 ruling, the Supreme Court ruled that the Colorado Supreme Court erred in removing former President Donald Trump from the state's presidential primary ballot.

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On March 4, the Supreme Court ruled that Section 3 of the 14th Amendment could not be used to remove former President Donald Trump from Colorado's presidential primary ballot without further Congressional action. In a per curiam opinion, the Court writes that "the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates"—and for that reason, it reverses the Colorado Supreme Court's decision. 

The decision is unanimous. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson have issued a concurring joint opinion, and Justice Amy Coney Barrett has issued a separate opinion as well.

You can read the ruling here or below.

Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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