Supreme Court Rules To Keep Trump on states' Primary Ballot
Only congress has the power to determine application of the 14th Amend; To date no court has convicted Trump of insurrection; Nor has the DoJ pursued insurrection charges ...
UPDATE:
“For the reasons given, 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. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. See post, Part I (joint opinion of SOTOMAYOR, KAGAN, and JACKSON, JJ.); see also post, p. 1 (opinion of BARRETT, J.). So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches. The judgment of the Colorado Supreme Court is reversed. The mandate shall issue forthwith. It is so ordered.”
— 23-719 Trump v. Anderson (03/04/2024) (supremecourt.gov)
by ML SHAW (sofakingjewish)
In a recent decision, the Supreme Court has reinstated former President Donald Trump on the Colorado Republican primary ballot, a move that has drawn attention to the complex interplay of legal standards and political considerations in the United States. This decision underscores the nuanced legal landscape surrounding eligibility for public office, particularly in light of the J6 congressional hearings and discussions about insurrection charges.
The inability to bar Trump from the 2024 ballot stems in part from the constitutional framework that governs elections in the United States. The Elections Clause is a pivotal piece of this framework, granting states the authority to regulate the "Times, Places, and Manner" of congressional elections, albeit under the oversight of Congress, which retains the power to "make or alter" such regulations. This division of authority underscores the intricate balance between state and federal powers in the electoral process.
Moreover, the Supreme Court's decision is informed by the fact that Trump has not been convicted of insurrection or any related charges. During the Court's review, Justice Brett Kavanaugh highlighted the absence of a conviction against Trump for inciting insurrection, noting the existence of a federal statute for insurrection that Trump had not been charged under. This point emphasizes the legal principle that eligibility for office should not be preemptively restricted without a formal conviction, ensuring that the electoral process respects the principles of due process and fairness.
The backdrop to this legal discussion includes the J6 congressional hearings, which recommended the Department of Justice consider pursuing insurrection charges against Trump. Despite these recommendations, no court of law has convicted Trump of insurrection, a fact that significantly influences the legal rationale for his eligibility to appear on the ballot[3].
This Supreme Court ruling not only reinstates Trump on the Colorado Republican primary ballot but also highlights the complex interplay of legal, constitutional, and political considerations that define the American electoral landscape. As the country moves closer to the 2024 elections, these issues will undoubtedly continue to provoke debate and discussion among lawmakers, legal experts, and the public.
Sources:
https://www.wsj.com/us-news/law/can-trump-be-barred-from-the-2024-ballot-what-to-know-about-the-law-934547f4
https://constitutioncenter.org/the-constitution/articles/article-i/clauses/750
https://www.cnn.com/politics/live-news/supreme-court-trump-ballot-colorado-02-08-24/h_d0221f59ae9a6e231e2d24fc2080ede6
https://www.pbs.org/newshour/politics/trump-is-blocked-from-the-gop-primary-ballot-in-2-states-can-he-still-run-for-president
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1445&context=wmlr
https://nebraskaexaminer.com/2024/02/06/trump-did-not-engage-in-insurrection-on-jan-6-new-u-s-house-resolution-claims/
https://www.nbcnews.com/investigations/constitution-not-keep-trump-2024-ballot-rcna137798
https://constitution.congress.gov/browse/essay/artI-S4-C1-2/ALDE_00013577/
https://www.washingtonpost.com/history/2023/12/20/insurrection-14th-amendment-history-trump/
https://www.cbsnews.com/news/trump-ballot-14th-amendment-section-3-2024-eligibility/
https://www.law.cornell.edu/constitution-conan/article-1/section-4/clause-1/role-of-congress-in-regulating-federal-elections
https://www.nytimes.com/2021/02/13/us/politics/trump-impeachment.html
https://www.reuters.com/world/us/what-does-trumps-disqualification-ruling-colorado-mean-2023-12-20/
https://constitution.congress.gov/browse/essay/artI-S4-C1-3/ALDE_00013640/
https://www.reuters.com/world/us/could-trump-be-president-despite-his-legal-troubles-2023-12-20/
https://thehill.com/regulation/court-battles/4456219-supreme-court-reluctance-disqualify-trump-ballot/
https://cha.house.gov/the-elections-clause
https://reason.com/volokh/2023/12/26/why-section-3-disqualifications-doesnt-require-a-prior-conviction-on-criminal-charges-of-insurrection/
https://abcnews.go.com/Politics/justices-skeptical-14th-amendment-case-banning-trump-ballot/story?id=107067452
https://www.everycrsreport.com/reports/RL30747.html
https://www.bloomberg.com/news/articles/2024-02-29/how-trump-s-2024-presidential-campaign-tests-the-us-constitution
https://apnews.com/article/supreme-court-insurrection-trump-ballot-disqualification-5ba83d718b97150447acf15cee75c7a3
https://www.gao.gov/assets/gao-01-470.pdf
https://apnews.com/article/supreme-court-insurrection-trump-2024-election-397a481d2886b64bba06b24ff3d03f37