Supreme Court Rules Trump Can Remain on Presidential Ballots

The Decision

On March 4, 2024, the U.S. Supreme Court issued a unanimous ruling in Trump v. Anderson, reversing the Colorado Supreme Court’s decision to remove Donald Trump from the state’s Republican primary ballot. The Court held that individual states do not have the authority to enforce Section 3 of the 14th Amendment against federal candidates. Only Congress, the justices determined, can establish the mechanism for disqualifying candidates from federal office under the insurrection clause.

The 14th Amendment Challenge

The case originated when a group of Colorado voters filed suit arguing that Trump was disqualified from holding office under Section 3 of the 14th Amendment, which bars individuals who have “engaged in insurrection” from serving in federal office. In December 2023, the Colorado Supreme Court agreed, ruling 4-3 that Trump’s role in the January 6th Capitol attack constituted engagement in insurrection and ordered his removal from the state’s primary ballot. Similar challenges were filed in Maine and other states.

A Unanimous but Fractured Court

While all nine justices agreed that Colorado could not remove Trump from the ballot, the Court was divided on the reasoning. The five-justice majority opinion went further than some colleagues preferred, ruling that only Congress could enforce Section 3 through legislation. Justices Sotomayor, Kagan, and Jackson wrote a concurrence criticizing the majority for reaching beyond what was necessary to decide the case. Justice Barrett wrote separately, urging national unity and cautioning against inflammatory rhetoric about the ruling.

Impact on the Campaign

The decision arrived on the eve of Super Tuesday and effectively ended all efforts across the country to use the 14th Amendment to keep Trump off ballots. For Trump, it was a significant legal victory during a period of mounting legal challenges. He celebrated the ruling as a vindication, while critics argued the Court had effectively rendered the insurrection clause unenforceable without congressional action that was unlikely to come.