The Scotsman

Supreme Court restores Donald Trump to 2024 US presidenti­al primary ballots

- Mark Sherman

The US Supreme Court has restored Donald Trump to 2024 presidenti­al primary ballots, rejecting state attempts to hold the Republican former president accountabl­e for the Capitol riot.

A day before today’s Super Tuesday primaries, the justices ruled that states, without action from congress first, can not invokea post-civil war constituti­onal provision to keep presidenti­al candidates from appearing on ballots.

The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Mr Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe bid en, culminatin­g in the attack on the Capitol on January 6 2021.

Mr 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-ofits-kind ruling, had decided that the provision, Section 3, could be applied to Mr Trump, who that court found incited the Capitol attack. No court before had applied section 3 to a presidenti­al candidate.

Some election observers have warned that a ruling requiring congressio­nal action to implement Section 3 could leave the door open to a renewed fight over trying to use the provision to disqualify Mr Trump in the event he wins the election.

In one scenario, a Democratic-controlled Congress could try to reject certifying Mr Trump’s election on January 6 2025 under the clause.

The issue then could return to the court, possibly in the midst of a full-blown constituti­onal crisis.

Both sides had requested fast work by the court, which heard arguments less than a month ago, on February 8. The justices seemed poised then to rule in Mr Trump’s favour.

Mr 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 that effectivel­y handed the 2000 election to Republican George W Bush.

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