Washington — The U.S. Supreme Court on Monday said states cannot bar former President Donald Trump from the ballot using a rarely invoked provision of the 14th Amendment, overturning a decision from Colorado’s top court and handing the GOP presidential front-runner a landmark victory in an unprecedented case that threatened to derail his quest for a second term in the White House.
The Colorado Supreme Court had determined that Trump was ineligible for the presidency because of his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol. The Colorado court’s divided decision rested on the Section 3 of the 14th Amendment, known as the insurrection clause, which bars oath-taking insurrectionists from holding public office. The U.S. Supreme Court said only Congress can enforce the clause.
“Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the states,” the court said in its opinion. “The judgment of the Colorado Supreme Court therefore cannot stand.”
The ruling from the nation’s highest court is likely to resolve challenges to Trump’s eligibility for office pursued by voters in several states and settle questions as to whether an obscure constitutional provision can be used to disqualify him from holding office again.
Justices Amy Coney Barrett wrote separately to note that all nine justices agree on the outcome of the case, and “that is the message Americans should take home.” The three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, issued a concurring opinion.
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