Supreme Court unanimously rejects State attempt to keep Trump off ballot

Here is a link to a PDF of the full decision. All 9 justices agreed that States cannot keep Trump off their ballots for the presidency (9-0). This ends all attempts in every State to keep Trump from the primary and general election ballots.

SCOTUS “Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”

The three liberal justices did not like the additional point that only Congress can keep a presidential or other candidate for federal office off a ballot under Amend. 14, Section 3. The majority held that only Congress can enforce Section 3 for federal offices by passing new legislation; that decision was 6-3.

“Justice Barrett concurs in part and concurs in the judgment. She agrees that states do not have the power to enforce Sec. 3 against presidential candidates but would not go further and address whether federal legislation is the only way that Section 3 can be enforced.” SCOTUS blog

The 14th Amendment to the U.S. Constitution is at issue here, in Section 3 and Section 5: “Section 3 does not specify how it is to be invoked, but Section 5 says Congress has enforcement power.” [Wikipedia]

SCOTUS decision (9-0) — “This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”

“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.

Now here is the decision of the three liberal Justices: “Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.”

This entry was posted in commentary. Bookmark the permalink.