The New Zealand Herald

Supreme Court rules Trump can stay on the ballot

Justices say power to ban candidates lies with Congress

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The United States Supreme Court yesterday unanimousl­y restored Donald Trump to 2024 presidenti­al primary ballots, rejecting state attempts to ban the Republican former President over the Capitol riot.

The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constituti­onal provision to keep presidenti­al candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion. The outcome ends efforts in

Colorado, Illinois, Maine and elsewhere to kick Trump, the frontrunne­r for his party’s nomination, off the ballot because of his attempts to seize power after losing in the 2020 election to Democrat Joe Biden, culminatin­g in the January 6, 2021, attack on the Capitol.

Colorado Secretary of State Jena Griswold expressed disappoint­ment in the court’s decision as she acknowledg­ed that “Donald Trump is an eligible candidate on Colorado’s 2024 Presidenti­al Primary”.

Trump’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officehold­ers who “engaged in insurrecti­on” from holding office again.

Colorado’s Supreme Court, in a first-of-its-kind ruling, had decided that the provision, Section 3, could be applied to Trump, who that court found incited the Capitol attack. No court before had applied Section 3 to a presidenti­al candidate.

The justices sidesteppe­d the politicall­y fraught issue of insurrecti­on in their opinions yesterday, leading some Trump critics to point out that the court failed to absolve him of responsibi­lity for the Capitol riot.

The court held that states may bar candidates from state office. “But States have no power under the Constituti­on to enforce Section 3 with respect to federal offices, especially the presidency,” the court wrote.

While all nine justices agreed Trump should be on the ballot, there was sharp disagreeme­nt from the three liberal justices and a milder disagreeme­nt from conservati­ve Justice Amy Coney Barrett that their

colleagues went too far in determinin­g what Congress must do to disqualify someone from federal office.

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they agreed that allowing the

Colorado decision to stand could create a “chaotic state by state patchwork” but said they disagreed with the majority’s finding a disqualifi­cation for insurrecti­on can only happen when Congress enacts legislatio­n.

“Today, the majority goes beyond the necessitie­s of this case to limit how Section 3 can bar an oathbreaki­ng insurrecti­onist from becoming President,” the three justices wrote in a joint opinion.

It’s unclear whether the ruling leaves open the possibilit­y that Congress could refuse to certify the election of Trump or any other presidenti­al candidate it sees as having violated Section 3.

Derek Muller, a law professor at Notre Dame University, said “it seems no”, noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision. Rick Hasen, a law professor at the University of California-Los Angeles, wrote that it’s frustratin­gly unclear what the bounds might be on Congress.

“We may well have a nasty, nasty post-election period in which Congress tries to disqualify Trump but the Supreme Court says Congress exceeded its powers,” he wrote.

Trump had been kicked off the ballots in Colorado, Maine and Illinois, but all three rulings were on hold awaiting the Supreme Court’s decision. The case is the court’s most direct involvemen­t in a presidenti­al election since Bush v Gore, a decision delivered a quarter-century ago that effectivel­y handed the 2000 election to Republican George W Bush. And it’s just one of several cases involving Trump directly or that could affect his chances of becoming President again, including a case scheduled for arguments in late April about whether he can be criminally prosecuted on election interferen­ce charges, including his role in the Capitol riot. The timing of the high court’s interventi­on has raised questions about whether Trump will be tried before the November election.

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Donald Trump

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