SCOTUS considers whether to disqualify Trump from the ballot
Image: SCOTUS
Yesterday, the Supreme Court heard oral arguments in a case seeking to disqualify former President Trump from the 2024 primary ballot in Colorado – and potentially other states – due to the 14th Amendment’s ban on insurrectionists holding public office.
Background: Section 3 of the 14th Amendment prevents anyone who “engaged in insurrection or rebellion” in violation of their oath to the Constitution from holding any official state or federal government position moving forward.
- The law was first ratified by Congress in 1868 to prevent defeated Confederate leaders from rising to power again through the ballot box, and was last used to disqualify a federal politician in 1919.
But a recent state ruling brought the law back into the public eye. In December, Colorado’s Supreme Court ruled that Section 3 of the 14th Amendment applies to Trump for his actions surrounding the January 6 Capitol riot. The decision disqualified Trump from the state GOP primary ballot pending an appeal to the US Supreme Court, which was heard yesterday.
In the room: During yesterday’s SCOTUS appeal, a majority of Justices appeared skeptical of Colorado’s decision to ban Trump from the primary ballot. Eight of the nine Justices said they were open to some of the arguments brought up by Trump’s lawyers, who laid out several reasons why the former president shouldn’t be disqualified:
- Trump’s actions surrounding the January 6 riot don’t meet the definition of “engaging in insurrection or rebellion.”
- Disqualifying Trump due to the Colorado decision would mean that a single state gets to decide who’s eligible to be president.
- The insurrection clause of the 14th Amendment doesn't apply to the president.
👀 Looking ahead… The Supreme Court’s final decision is expected in the coming days or weeks.
📊 Flash poll: In your opinion, should former President Trump be disqualified from the 2024 presidential election due to the 14th Amendment’s ban on insurrectionists holding public office?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that SCOTUS would be making the right decision by ruling that Trump can stay on the ballot, since individual states shouldn’t be allowed to affect federal elections in such a drastic way.
- Others contend that the case for Trump to be eligible appeared quite weak during SCOTUS arguments, but the Justices are likely to rule in his favor anyways based on their lines of questioning.
- “The Supreme Court looks askance at keeping Trump off the ballot” –Ruth Marcus, WaPo
- “The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution” –Erwin Chemerinsky, LA Times
- “The Supreme Court Should Get Out of the Insurrection Business” –Akhil Reed Amar, NY Times
Sprinkles from the Right
- Some commentators argue that SCOTUS should rule 9-0 against Colorado’s Supreme Court decision and allow Trump to remain on the ballot due to the several compelling arguments made by Trump’s lawyers.
- Others contend that SCOTUS should rule in favor of Trump and avoid setting a precedent that incumbent political parties are allowed to delete opposition party names from this ballot and future ones.
- “The Supreme Court’s Colorado Trump Test” –WSJ Editorial Board
- “Trump’s Supreme Court challenge” –Washington Times Editorial Board
- “Trump’s Disqualification Case Could Set a Dangerous First Amendment Precedent” –Thomas A. Berry, National Review
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