Supreme Court Skeptical of Colorado’s Decision to Kick Trump off 2024 ballot

The court heard arguments about whether the former president’s attempts to subvert the 2020 election disqualify him from again holding office. Justices across the ideological spectrum questioned several aspects of a ruling from the Colorado Supreme Court.

Chief Justice John G. Roberts Jr. asked a series of questions reflecting what seemed to be an emerging consensus: that the 14th Amendment was not meant to permit states to determine whether a candidate was an ineligible insurrectionist.

“The whole point of the 14th Amendment was to restrict state power, right?” he asked, adding that the challengers’ contrary argument was “a position that is at war with the whole thrust of the 14th Amendment.”

Chief Justice Roberts noted that the challengers’ position would have empowered the former Confederate states to determine whether candidates were disqualified from holding federal office. The 14th Amendment was adopted to constrain states’ rights and empower the federal government, the chief justice said, and it is “the last place you’d look for authorization for the states, including Confederate states, to enforce the presidential election process.”

Some justices also seemed open to two other arguments: that the prohibition at issue bars candidates from holding office, as opposed to running for it, and that the president is not among the officials to whom the provision applies.