The U.S. Supreme Court has opined that former President Donald Trump cannot be removed from the Colorado or any other ballot using the 14th Amendment’s Section 3 clause.
The opinion from the Supreme Court was unanimous at 9 to 0 in favor of Trump. In their overturning of the Colorado case, the Supreme Court said,
“Because the Constitution makes Congress, rather than the states, responsible for enforcing section 3 against all federal officeholders and candidates, we reverse.”
Citation
You can read the entire Supreme Court opinion here.
To date, no congressional action attempting to remove Trump has taken place.
Colorado was the first state to remove Trump, citing Section 3.The section states,
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Citation
Trump has not been charged with insurrection in any pending court cases.
Before the Supreme Court decision today, Colorado, Maine, and Illinois. With today’s decision, Trump will be on all ballots for the primary and November should he be the Republican nominee.
