The U.S. Supreme Court ruled unanimously on Monday, 9 to 0, to allow former President Donald Trump to be included on Colorado’s ballot. This decision may support Democrats’ other tactic, which is to refuse to recognize Trump’s Electoral College victory even if he wins the Republican presidential nomination and the November election.
The court reversed the Colorado Supreme Court’s December decision to remove front-runner Republican Donald Trump from the ballot in a per curiam decision, a sign of unanimity among the judges.
By a vote of 4 to 3, the state court decided that the former president was ineligible for federal office under Section 3 of the 14th Amendment due to his participation in the “insurrection” on January 6, 2021.
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The U.S. Supreme Court, however, ruled on Monday that Congress has the authority to enact enabling legislation to define who constitutes an insurrectionist, and it has done so in a federal statute.
Trump has not been accused of participating in an uprising, much less found guilty of doing so.
According to the Supreme Court, if states were free to decide for themselves who participated in an uprising, “Conflicting state outcomes concerning the same candidate could result not just from differing views of the merits, but from variations in state law governing the proceedings that are necessary to make Section 3 disqualification determinations.”
“Some States might allow a Section 3 challenge to succeed based on a preponderance of the evidence, while others might require a heightened showing,” the court continued.
“Disqualification might be possible only through criminal prosecution, as opposed to expedited civil proceedings, in particular States,” it said. “Indeed, in some States — unlike Colorado (or Maine, where the secretary of state recently issued an order excluding former President Trump from the primary ballot) — procedures for excluding an ineligible candidate from the ballot may not exist at all.”
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