#SCOTUS forced the state of #Colorado to keep #Trump on the presidential #ballot after the state’s Supreme Court found that the #Constitution’s #Disqualification Clause barred him from running for office.
The court issued its ruling in a unanimous, per curiam order.
#14A #14thAmendment #law
https://talkingpointsmemo.com/news/scotus-rules-constitutions-dq-clause-cant-keep-trump-off-ballot
In a relatively brief, 13 pg opinion, accompanied by one concurrence from Justice #AmyConeyBarrett & another from the 3 #liberals on the bench, the court decided that the #Constitution leaves the question of #Trump’s disqualification to #Congress. [bullshit]
“Responsibility for enforcing Section 3 against federal officeholders & candidates rests w/Congress & not the States,” the Court ruled.
#14A #14thAmendment #law
#SCOTUS #Colorado #ballot #Disqualification
The ruling brings one of the most prominent efforts to hold #Trump accountable for his attempt to stay in #power after losing the #2020election to an end. #SCOTUS, in oral arguments & in its Monday opinion, went out of its way to dodge the question of whether that attempt — which culminated in the #Jan6 storming of #Congress — constituted an #insurrection.
#14A #14thAmendment #law #Colorado #ballot #Disqualification
https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
Instead, the opinion focuses on a threshold question which all but ensures that the #Disqualification Clause will remain a dead letter, at least as applied to #Trump’s 2020 #coup attempt. The *justices* focused instead on whose job it is to enforce §3 of the #14thAmendment, neatly excluding themselves from the equation. Instead, they kicked the issue of who should bar those who have taken an oath to the #Constitution & then engaged in #insurrection from holding office to #Congress.
In so doing, the Court set up a new rule which extends beyond #Trump: that #Congress, & not the states, is responsible for enforcing
#disqualification against federal officeholders & candidates. To do that, the majority held, Congress MUST act.