Supreme Court lets Trump stay on ballot: States can’t invoke ‘sedition clause’

The Supreme Court of Justice ruled unanimously this Monday that Colorado cannot apply the sedition clause to former President Donald Trump and disqualify him as a candidate to return to the White House. Therefore, he must be on the ballot for the primaries to be held on March 5 on the so-called Super Tuesday.

“We accept the request of Certificate From former President Trump, who asked the same question: “Was the Colorado Supreme Court wrong to order 2024 President Trump excluded from the 2024 presidential primary?” We conclude that yes he did, we now reverse (the Colorado decision)”, indicates the text of the decision adopted by the court’s 9 judges.

“This case raises the question whether the states, in addition to Congress, may invoke Article 3. We conclude that the states may disqualify persons who hold or attempt to hold state office. But the states under the Constitution No power to enforce Article 3. respecting federal offices, particularly the Presidency.”

To date, at least 36 states have filed formal challenges to Trump’s presidential candidacy, according to a review of court records by national media.

In this case, the US Supreme Court considered for the first time in history the scope of Section 3 of the 14th Amendment to the Constitution, which prohibits those who “take part in rebellion” from holding certain public offices.

The case came to Washington DC after the former president’s legal team appealed a Colorado state Supreme Court ruling that said Trump could not run in the state’s primary because of his role in the attack on the Capitol.

This is one of the many legal fronts Trump is facing in the presidential election year of 2024. The Republican faces 91 charges ranging from lawsuits for fraud, falsification of business documents, mishandling of classified government documents, conspiracy to overturn elections in Georgia and obstruction of the vote certification process and federal charges of civil rights violations.

The case that reached the Supreme Court began as voter groups and government watchdogs filed lawsuits in several states, including Colorado, saying Trump should be disqualified as a candidate because It was part of the rebellion against the constitution.

They argued that Trump had attacked the Constitution by trying to change the outcome of the election through various actions, the most memorable of which was the attack on the Capitol, when Trump’s followers violently entered the legislative headquarters to prevent Trump’s victory certificate. Joe Biden in the election.

Based on cases from Colorado, Michigan and other states Section 3 of the 14th Amendment, which prevents anyone from holding office “who has taken part in rebellion or insurrection” against the Constitution.

The Constitution in text says: “No person shall be a Senator or Representative in Congress, or an Elector (of the Electoral College) for President and Vice President, or hold any office, civil or military, in the United States or in any State, who has not previously taken an oath….) If he had supported the Constitution he would have taken part in rebellion or insurrection against it, or given aid or comfort to his enemies. But Congress, by a vote of two-thirds of each House, may remove such members. Obstruction

The clause has never been used for presidential candidates, and the plaintiffs argue that the case is unprecedented because no candidate for the White House was part of it. Actions taken by Trump.