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States can’t kick Trump off ballot, Supreme Court says

Supreme Court ruled unanimously today that states do not have the authority to remove Donald Trump from the 2024 presidential ballot based on his alleged role in the January 6, 2021, attack on the Capitol. The court ruled that only Congress, not states, can disqualify a presidential candidate under the Constitution’s “insurrection clause.”

The court’s decision overturns a Colorado ruling that would have removed Trump from the ballot in that state and effectively nullifies similar challenges in other states. The ruling was expected, as justices signaled discomfort with allowing individual states to assess the eligibility of presidential candidates accused of insurrection during oral arguments.

The opinion, labeled “per curiam,” emphasized the potential chaos of allowing states to make such judgments, leading to inconsistent and conflicting rulings across the country.

While the court did not assess Trump’s role in the Capitol attack, it referenced the incident in the context of the case’s chronology. Notably, the three liberal justices wrote a separate opinion agreeing with the result but expressing concerns about the court’s broad ruling.

Justice Amy Coney Barrett also wrote a separate opinion emphasizing the unanimity of the decision and calling for national unity.

The case originated in Colorado, where a government watchdog group organized challengers arguing Trump’s ineligibility to run based on the Capitol attack. Despite the ruling, the Supreme Court agreed to hear Trump’s challenge to a federal appeals court ruling rejecting his claims of presidential immunity from criminal charges related to his attempts to overturn the 2020 election results.

The ruling could dictate whether Trump faces a federal trial in Washington during late summer or fall, coinciding with the height of the presidential campaign.

The justices did not deliver the ruling in person but released it online and to the press and public on paper.