Supreme Court Divided on Key Issue in Trump Ballot Case Despite Unanimous Ruling

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The justices unanimously ruled that the former president can appear. But there was a key division.

As the Supreme Court unanimously agreed to overturn the Colorado Supreme Court ruling that blocked former President Donald Trump from access to the ballot, a 5โ€“4 majority concurrently ruled that states do not have the power to enforce the 14th Amendmentโ€™s ban on federal candidates who engaged in an โ€œinsurrection or rebellion.โ€

But the four dissenting justices wrote that they believed the decision had gone too far and criticized their fellow justices over the matter. All nine justices agreed that Colorado cannot remove the former president from its ballots.

Chief Justice John Roberts as well as Justices Brett Kavanaugh, Neil Gorsuch, Samuel Alito, and Clarence Thomas, who were nominated by Republican presidents, affirmed that states canโ€™t remove a federal officer from ballots under the 14th Amendment, and especially the president. They wrote that in order to do so, Congress must first pass legislation.

โ€œWe conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,โ€ the majority said. โ€œNothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates.โ€

But four justices wrote that they disagreed with that assertion, claiming itโ€™s too broad and leaves little wiggle room for future applications of the 14th Amendment.

The Colorado Supreme Court had cited that portion of the amendment to rationalize booting President Trump from the ballot in December. A majority of its justices wrote that he engaged in an insurrection because of his actions on and before Jan. 6, 2021, when the U.S. Capitol building was breached.

The former president was also barred from the ballot in Maine and Illinois based on the 14th Amendment. Those decisions were put on hold pending the Supreme Courtโ€™s ruling in the Colorado case.

Division Emerges

Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jacksonโ€”nominated by Democrat presidentsโ€”wrote that the majority ruling would close โ€œthe door on other potential means of federal enforcementโ€ and that โ€œwe cannot join an opinion that decides momentous and difficult issues unnecessarily.โ€

Byย Jack Phillips

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