In the end the primnary reason would seem to be that allowing Colorado , or ANY state to drop a President from a second run ballot on his prior actions…
Trump’s defense that it is up to Congress , on a Federal level to take action would seem to hold regarding thge 14th Amendemnet clause…
This is just about states doing their own thing, which could actually rebound to a state kicking Joe Biden off the ballot , saying he’s letting in migrats against the country….
The court really HAD to rule this way….
Donald Trump has NOT be convicted of the charges in the Section, and The Justice Department is actually NOT charging him with those crimes in the Jan.6 case either…..
The Supreme Court ruled on Monday that former President Donald J. Trump should remain on Colorado’s primary ballot, rejecting a challenge to his eligibility for another term that could have upended the presidential race by taking him off ballots around the nation.
Though the justices offered different reasons, the decision was unanimous. All agreed that individual states may not bar candidates for federal office under a constitutional provision, Section 3 of the 14th Amendment, that bars insurrectionists from holding office.
The decision was the court’s most important ruling concerning a presidential election since Bush v. Gore handed the presidency to George W. Bush in 2000.
The case arose from a challenge brought by six Colorado voters who sought to disqualify Mr. Trump from the ballot for the state’s Republican primary based on Section 3 of the 14th Amendment. The provision was adopted after the Civil War to forbid those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”….
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It is true that neither the president nor the presidency is mentioned in so many words. But the Colorado Supreme Court said that was of no moment given the catchall phrases in the provision (“an officer of the United States” and “any office, civil or military”).
“President Trump asks us to hold,” the majority wrote in an unsigned opinion, “that Section 3 disqualifies every oath-breaking insurrectionist except the most powerful one and that it bars oath breakers from virtually every office, both state and federal, except the highest one in the land. Both results are inconsistent with the plain language and history of Section 3.”….
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In laying out their view that Congress, not the states, is responsible for enforcing Section 3, the majority says that state enforcement could lead to chaos. An evolving electoral map, they say, could change the behavior of voters, parties and states: “The disruption would be all the more acute — and could nullify the votes of millions and change the election result — if Section 3 enforcement were attempted after the Nation has voted.”….
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Formal challenges to Donald J. Trump’s presidential candidacy had been filed in at least 36 states, according to a New York Times review of court records and other documents. All the justices agreed that individual states may not bar candidates for federal office under a constitutional provision, Section 3 of the 14th Amendment, that bars insurrectionists from holding office, rendering these challenges moot.
Mr. Trump had been disqualified from the primary ballots in Colorado, Illinois and Maine, and appealed those decisions.
Democratic Socialist Dave says
The Court’s opinion is at:
Supreme Court PDF
The majority opinion takes up 13 of the 20 pages. Justice Amy Coney Barrett agreed with the judgement and part but not all of the majority opinion.
Justices Kagan, Sotomayor and Jackson agreed with the result but not the reasoning of the majority.
jamesb says
It is more about the state’s being able to block anyone for their OWN political reasons….
What happens if Trump shoots someone in Times Square????
jamesb says
One a President rapes someone in office?
jamesb says
Supreme’s make Trump Happy, but ARE taking BIG criticism like they got on Roe……
We’re gonna see how they come down in immunity