The Supreme Court determined states cannot remove Presidential candidates from their ballots. The Court stated that only Congress has the authority to remove a federal candidate from the ballot. The post-Civil war provision of the 14th Amendment was cited by states as the basis to remove President Trump from their ballots for the 2024 Presidential election.
Some states like Colorado, Illinois, and Maine took Trump off the ballot because of his involvement in the January 6, 2021, attack on the U.S. Capitol, and his efforts to overturn the 2020 election results. This was the first time the Supreme Court heard a case that cited the 14th Amendment, Section 3. The Amendment states former officeholders who “engaged in insurrection” are not allowed to hold office again.
However, there was sharp disagreement between members of the Court on what Congress must do in order to remove Trump from the ballot. The Court said Congress must set the rules on how the 14th amendment can be enforced against candidates running for federal office. Three U.S. Supreme Court members offered in their joint opinion that enacting legislation is beyond the requirement to limit an “oathbreaking insurrectionist” from becoming President.
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