Unanimous: Supreme Court Rules Colorado Can’t Remove Trump from Ballot

Craig Bannister | March 4, 2024
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In a 9-0 ruling, the U.S. Supreme Court reversed a Colorado Supreme Court ruling that former President Donald Trump could be removed from the state’s 2024 presidential ballot.

States do not have independent authority to decide who can, and can’t, be on their ballots based on Article 3 of the 14th Amendment (“insurrection”), because the Constitution gives sole authority to do so rests with Congress, the decision states:

"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."

What’s more, giving states the power to exclude candidates based on allegations would throw elections into chaos, as various candidates would be on the ballots of some states, but not others. Indeed, a state controlled by one party could eliminate all candidates from an opposing party from its ballots, the Justices ruled in their decision. As a result, elections would be decided by only a handful of states.

In Trump's case, challenges seeking to remove the former president from the ballot have been filed in more than 30 states.

In a statement, Trump Attorney Harmeet K. Dhillon called the decision a victory for the rights of the nation’s voters:

“This victory is not just for President Trump but for the integrity of our electoral system and the rights of voters across the country. The attempt to use the 14th Amendment in this manner was a dangerous overreach that, if left unchallenged, could have set a perilous precedent for future election.”

"A great win for America. Very, very important!" Trump told Fox News Digital in an exclusive interview Monday morning. 

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