04 March 2024 , 15:58
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Donald Trump has celebrated a 'big win for America' as the US Supreme Court put him back on the ballot, dismissing Colorado's efforts to ban him and hold him responsible for the January 6 attack on the Capitol in 2021.
This decision puts an end to attempts to remove Trump, who is leading the race for his party's nomination, from the ballot due to his efforts to overturn his 2020 election loss to Democrat Joe Biden, which led to the January 6, 2021, attack on the Capitol. Trump had been removed from the ballots in Colorado, Maine and Illinois, but all three decisions were paused while waiting for the Supreme Court's verdict.
The decision is a victory for the former president who is expected to clinch the Republican nomination ahead of November’s election during the Super Tuesday contest. America’s highest court ruled States cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots without action from Congress first.
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Former US President and 2024 presidential hopeful Donald Trump gestures during a rally in Richmond, Virginia (AFP via Getty Images)The businessman’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officeholders who "engaged in insurrection" from holding office again. The case was judged by a court that includes three justices appointed by Trump during his presidency.
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They have dealt with many Trump-related cases in recent years, rejecting his false claims of fraud in the 2020 election and refusing to protect tax records from Congress and prosecutors in New York.
Colorado's Supreme Court, in a first-of-its-kind ruling, had decided that the provision, Section 3, could be applied to Trump, who that court found incited the Capitol attack. No court before had applied Section 3 to a presidential candidate.
Some election observers have warned that a ruling requiring congressional action to implement Section 3 could leave the door open to a renewed fight over trying to use the provision to disqualify Trump in the event he wins the election. In one scenario, a Democratic-controlled Congress could try to reject certifying Trump's election on January 6 2025 under the clause.
This could potentially escalate the situation back to the court amidst what could be a significant constitutional crisis. This is the most direct involvement of the court in a presidential election since Bush v. Gore, a decision that effectively gave the 2000 election to Republican George W. Bush. It's one of several cases involving Trump that could affect his chances of becoming president again.
The issue then could return to the court, possibly in the midst of a full-blown constitutional crisis. Writing on Truth Social minutes after the opinion was published, Trump said: “BIG WIN FOR AMERICA!!!”
Last year, Trump was ruled ineligible by the Colorado Supreme Court for his alleged encouragement of the deadly January 6 riot and efforts to overturn the results of the 2020 election. Trump appealed the ruling in early January, and the court heard arguments last month.
The Colorado Republican Party had requested that the Supreme Court rule before the Super Tuesday primary contest. This case accelerated at record speed at the request of both sides, with a court hearing being arranged less than a month ago, on February 8. During this time, it appeared the justices were leaning toward Trump's side.
The high court heard a case involving Section 3 for the first time in February. This provision, designed to prevent some Confederates from holding office again, states that those who violate oaths to support the Constitution are barred from various positions.
The US Supreme Court in Washington, DC (AFP via Getty Images)However, it does not specifically mention the presidency. Both conservative and liberal justices questioned the case against Trump. They were mainly concerned about whether Congress must act before states can invoke the 14th Amendment.
There were also questions about whether the president is covered by the provision. The legal team for the Republican and independent voters, who initiated a lawsuit to remove Trump's name from the Colorado ballot, argued that sufficient evidence exists suggesting that the drastic events of Jan. 6 constituted an insurrection, incited by Trump.
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They pointed out that he had rallied his supporters outside the White House with a call to "fight like hell." The lawyers dismissed the notion that Section 3 couldn't apply to the presidency or that Trump could be exempt in any way. They also asserted that this provision does not require any additional legislation for enforcement.
In response, Trump's attorneys put forth several counter-arguments, disputing that the amendment can bar him from featuring on the ballot. They argued that the Jan 6 riots did not qualify as an insurrection; additionally, they said that Trump himself neither visited the Capitol nor joined the rioters on that day.
They further contended that the amendment's wording leaves out the presidency and presidential candidates. If these arguments do not hold up, they recommended that Congress must enact specific legislation to revive Section 3.