THE US SUPREME Court has ruled that Donald Trump can remain on the presidential primary ballot in Colorado, overturning a decision from the state’s court to remove him for allegedly engaging in insurrection.
The justices ruled a day before the Super Tuesday primaries that states, without action from Congress first, cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.
Trump appealed against a 4-3 ruling in December by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot.
Section 3 of the 14th Amendment bars anyone from holding public office if they engaged in “insurrection or rebellion” after once pledging to support and defend the Constitution.
The court found that Trump’s role in the 6 January 2021, attack on the US Capitol disqualified him under the clause.
The provision has been used so sparingly in American history that the US Supreme Court has never ruled on it.
Trump had been kicked off the ballots in Colorado, Maine and Illinois, but all three rulings were on hold awaiting the Supreme Court’s decision.
In a unanimous ruling today, the Supreme Court stated: “This case raises the question whether the States, in addition to Congress, may also enforce Section 3.
“We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”
The nine-judge court said that responsibility for enforcing Section 3 against federal officeholders and candidates “rests with Congress and not the States”.
“The judgment of the Colorado Supreme Court therefore cannot stand. All nine Members of the Court agree with that result.”
In a post on his Truth Social platform following the unanimous ruling, Trump said: “BIG WIN FOR AMERICA!!!”
The Supreme Court, which includes three justices nominated by Trump, has historically been loath to get involved in political questions, but it is taking center stage in this year’s White House race.
Besides the Colorado case, the Supreme Court has also agreed to hear Trump’s claim that he is immune from criminal prosecution as a former president and cannot be tried on separate charges of conspiring to overturn the 2020 election.
Trump was impeached by the Democratic-majority House of Representatives for inciting an insurrection but was acquitted thanks to Republican support in the Senate.
He is also scheduled to go on trial in New York on 25 March on charges of covering up hush money payments to a porn star ahead of the 2016 election.
In yet another case, Trump faces federal charges in Florida of refusing to give up top secret documents after leaving the White House.
Trump is currently the frontrunner to capture the Republican nomination. He has now won every state nominating contest heading into Super Tuesday, when voters in 15 US states choose their preferred candidate for each party.
He is likely to face US President Joe Biden in November elections, pitting the two for the second time since 2020.
With reporting from AFP
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