SCOTUS: States CANNOT REMOVE Trump from their election ballots based on 14th Amendment’s insurrection clause

03/05/2024 / By Ramon Tomey

The Supreme Court has ruled that states cannot remove former President Donald Trump from their election ballots based on the Fourteenth Amendment’s insurrection clause.

The high court overturned on March 4 the ruling by the Colorado Supreme Court (CSC) that prevented Trump from appearing on the Centennial State’s Republican primary ballot. According to CNBC, this sets a precedent that “no other state can bar Trump – or any other candidate from now on – from a presidential ballot or election for Congress by invoking the insurrection clause of the Constitution.”

According to the insurrection clause – Section Three of the Fourteenth Amendment – “no person” can serve as an officer of the U.S. who, having previously taken an oath of federal office, “engaged in insurrection or rebellion” against the United States. The clause was adopted following the Union’s victory against the Confederacy in the Civil War.

“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 Three with respect to federal offices, especially the presidency,” the high court ruled.

“For the reasons given, responsibility for enforcing Section Three against federal officeholders and candidates rests with Congress and not the [individual] states. The judgment of the CSC therefore cannot stand.” (Related: Supreme Court expected to reverse Colorado’s Trump ballot ban, side with Justice Samour’s dissent.)

Colorado was the first of three states to block Trump from a primary ballot on the grounds of the insurrection clause. While Trump has not been convicted of insurrection, his critics claim that the Jan. 6 false-flag riot at the U.S. Capitol constituted rebellion. In reality, however, he encouraged his supporters to protest peacefully – and government plants such as Ray Epps goaded people to commit violence.

“[The March 4] ruling by the Supreme Court effectively nullifies decisions by two other states – Maine and Illinois – which acted … to bar Trump from their primary ballots, also citing Section Three of the Fourteenth Amendment,” CNBC continued.

Trump: SCOTUS ruling “big win” for America

In a post on his Truth Social profile, Trump himself reacted positively to the news of the Supreme Court’s ruling, describing it as a “big win for America.” He continued lauding the decision in remarks he made from Mar-a-Lago, his home in Florida.

“The voters can take someone out of the race very quickly, but a court shouldn’t be doing that and the Supreme Court said that very well,” the former president said. “It was a very important decision, very well-crafted, and I think it will go a long way toward bringing our country together, which our country needs.”

Maine Secretary of State Shenna Bellows later acknowledged the high court’s ruling on March 5. She announced: “I hereby withdraw my determination that Trump’s primary petition is invalid.” Bellows initially determined that Trump should not be in the Pine Tree State’s election ballot, forcing the former president to challenge that determination in court.

Meanwhile, Colorado Secretary of State Jena Grisworld expressed disdain over the Supreme Court decision. “My larger reaction is disappointment. I do believe that states should be able under our Constitution to bar oath-breaking insurrectionists,” she said during an interview with MSNBC following the ruling.

Noah Bookbinder, president of the non-profit advocacy group Citizens for Responsibility and Ethics in Washington (CREW), also lamented the ruling. He remarked that the Supreme Court “failed to meet the moment” by allowing Trump back onto the ballot in Colorado, even as it did not “exonerate” him for engaging in insurrection.

“It is clear that Trump led the Jan. 6 insurrection, and it will be up to the American people to ensure accountability,” said Bookbinder, echoing the lies parroted by the mainstream media. CREW, which he serves as president of, represented the plaintiffs in the case.

Visit Trump.news for more stories about the former president’s fight to keep his name on the ballot.

Watch this news segment from “Front Page with Scott Goulet” about the Supreme Court ruling that Trump’s name cannot be removed from states’ ballots.

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