Supreme Court Says States Can’t Kick Trump Off Ballot for 14 Amendment


The nation’s highest court handed the former president another victory on Monday, ruling unanimously on the 14th Amendment case

The Supreme Court has ruled that states cannot unilaterally implement the Constitution’s 14th Amendment anti-rebellion clause to bar individuals from appearing on state ballots. The decision benefits one person specifically this election cycle: Donald Trump. 

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In a unanimous decision, the Supreme Court overturned a ruling by Colorado’s Supreme Court authorizing Trump’s removal from the state’s 2024 primary election ballot. Trump challenged the decision in December and, according to the Supreme Court, “because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.” 

The 14th Amendment was passed in 1866 in the aftermath of the American Civil War. The amendment granted citizenship to all those “born or naturalized” in the United States — including freed slaves —  and banned individuals who “engaged in insurrection or rebellion” from holding most elected offices. The so-called Insurrection Clause served to prevent many former leaders of the defeated Confederacy from serving in government after the war. The text of the amendment specifies a two-thirds vote of Congress can vacate the prohibition on a candidate or office holder. 


The nation’s highest court handed the former president another victory on Monday, ruling unanimously on the 14th Amendment case

The Supreme Court has ruled that states cannot unilaterally implement the Constitution’s 14th Amendment anti-rebellion clause to bar individuals from appearing on state ballots. The decision benefits one person specifically this election cycle: Donald Trump. 

Trending

In a unanimous decision, the Supreme Court overturned a ruling by Colorado’s Supreme Court authorizing Trump’s removal from the state’s 2024 primary election ballot. Trump challenged the decision in December and, according to the Supreme Court, “because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.” 

The 14th Amendment was passed in 1866 in the aftermath of the American Civil War. The amendment granted citizenship to all those “born or naturalized” in the United States — including freed slaves —  and banned individuals who “engaged in insurrection or rebellion” from holding most elected offices. The so-called Insurrection Clause served to prevent many former leaders of the defeated Confederacy from serving in government after the war. The text of the amendment specifies a two-thirds vote of Congress can vacate the prohibition on a candidate or office holder. 

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