The Supreme Court restored Donald Trump’s name to Colorado’s ballot, ruling that states lack authority to reject presidential candidates on the grounds they engaged in rebellion or insurrection against the U.S.
The decision effectively puts an end to a series of ballot challenges that argued Trump isn’t eligible to be president a second time under a long dormant constitutional provision barring former officials who engaged in insurrection or rebellion from holding office again.
At issue was a lawsuit in which a group of Republican and independent voters in Colorado claimed Trump was disqualified for inciting the Jan. 6, 2021, attack on the U.S. Capitol by a mob of his supporters aiming to prevent congressional certification of President Biden’s 2020 election victory. Colorado’s highest court agreed in a December decision.
The disqualification push against Trump, embraced by an ideological mix of legal scholars and Trump opponents, relied on Section 3 of the 14th Amendment, which was ratified after the Civil War and added several of the Union’s objectives to the Constitution. Among them was barring disloyal officeholders from returning to power. Congress granted a reprieve to most ex-Confederates in 1872, leaving little precedent on how the restriction should be applied.
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