Supreme Court overturns Colorado ruling, says Donald Trump is eligible to appear on 2024 ballot

United States Supreme Court building is located in Washington^ D.C.^ USA.

On Monday, the U.S. Supreme Court ruled unanimously in favor of former President Donald Trump in a historic case challenging his eligibility to seek the Republican presidential nomination under Section 3 of the 14th Amendment due to his actions around the Jan. 6, 2021, attack on the U.S. Capitol.

The High Court reversed the unprecedented decision by the Colorado Supreme Court that would remove Trump from the ballot under the provision after a state trial court found he participated in “insurrection” on Jan. 6 through incitement. The majority opinion is that the role of disqualifying a presidential candidate belongs to Congress:  “Permitting state enforcement of Section 3 against federal officeholders and candidates would raise serious questions about the scope of that power,” it stated.

The unsigned Supreme Court opinion read: “For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States.  The judgment of the Colorado Supreme Court therefore cannot stand. All nine Members of the Court agree with that result.”

In holding that only Congress had the power to enforce the provisions under Section 5 of the amendment, the court said its decision would apply to federal offices nationwide: “This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We 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.”

The decision came one day before voters in Colorado go to the polls on Super Tuesday, where Trump is on the GOP primary ballot. The decision also ensures that Trump will remain on the ballot as Republican presidential nominee in all 50 states.  Trump quickly celebrated the ruling, writing on his social media platform it was a “BIG WIN” for the country.

Editorial credit: Steven Frame /