The Supreme Court unanimously decides that states cannot remove Trump from the ballot.

Three liberal judges (Sotomayor, Jackson, Kagan) questioned if Section 3 should only apply to federal laws in their concurring decision.

March 4th 2024.

The Supreme Court unanimously decides that states cannot remove Trump from the ballot.
The United States Supreme Court recently made a unanimous decision regarding the powers granted to individual states in the Constitution. The ruling stated that states do not have the authority to prevent candidates from appearing on federal ballots. This decision was made in response to several state Supreme Court rulings that had previously barred Donald Trump from appearing on presidential ballots in Maine, Colorado, and Illinois. These state courts had claimed that Trump's actions were in violation of the 14th Amendment, but the Supreme Court disagreed, stating that states do not have the power to enforce Section 3 of the amendment in regards to federal offices, particularly the presidency.

However, while the Supreme Court was in agreement on this matter, they were divided on a separate argument regarding the enforcement of Section 3, specifically in regards to insurrection. In a concurring decision, three liberal judges on the court - Sonia Sotomayer, Ketanaji Brown Jackson, and Elena Kagan - questioned whether Section 3 should only be enforced through federal legislation. They argued that the majority's decision went beyond the scope of the case and attempted to limit the federal enforcement of the provision.

Justice Amy Coney Barrett also agreed with the liberal justices, stating in a separate concurring decision that the case did not require the court to address the complicated question of whether federal legislation is the only way to enforce Section 3.

It's worth noting that the Supreme Court did not make a ruling on whether or not Trump had committed an insurrection. This was seen as a victory by Noah Bookbinder, the executive director of Citizens for Responsibility and Ethics in Washington, the group that brought the Colorado lawsuit. Bookbinder stated that while the court did allow Trump to appear on the ballot due to technical legal reasons, it was not a win for Trump overall. He also pointed out that the court had the opportunity to exonerate Trump but chose not to do so.

In a related matter, Trump has recently claimed that he and Black people have faced similar discrimination. This statement has been met with criticism and pushback from various groups.

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