Specifically, Section 3 of the 14th Amendment states that anyone involved in insurrection or rebellion against the United States government is disqualified from holding public office.
(Credit: Sky News)
Trump has faced a major legal challenge in his bid for the Republican presidential nomination in 2024. In contrast, the US Supreme Court has overruled Colorado’s highest court in order that the former president appear on the general election ballot in November. The Colorado court’s decision was based on their interpretation of the 14th Amendment to the US Constitution, which was ratified on July 9th, 1868. Specifically, Section 3 of the 14th Amendment states that anyone involved in insurrection or rebellion against the United States government is disqualified from holding public office.
As of Monday evening, the Supreme Court ruled unanimously to overturn the Colorado Supreme Court’s ruling banning Trump, effectively ending all remaining pending challenges as well as Illinois and Maine’s bans.
“Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the states,” SCOTUS said in its opinion. “The judgment of the Colorado Supreme Court therefore cannot stand.”
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Many states have tested this legal theory to remove Donald Trump from the election ballot, including Colorado. It is likely, however, that the cases will be sent to the Supreme Court for further consideration, which will determine if such a move is constitutional. These cases will be decided in the coming months, and the former president’s name may be removed from more consequential states as a result.
Florida, Minnesota, New Hampshire, and Rhode Island lawyers, who attempted to remove the former president from office in Colorado, were dismissed. According to the New Hampshire decision, John Anthony Castro had not established that he was or would suffer a political competitive injury as a result of Trump’s participation in the state’s primary.
Castro, the plaintiff in multiple cases being presented across the country, is running for the presidency as a Republican. By avoiding Trump from the ballot, Castro is increasing his electoral chances. Cases are pending in California, New Mexico, New York, North Carolina, South Carolina, Virginia, and Wisconsin. In Arizona, Florida, Indiana, Massachusetts, Minnesota, Michigan, Nevada, New Hampshire, Oregon, Rhode Island, Texas, Vermont, Washington, West Virginia, and Wyoming, Castro has dismissed the case.
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