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The US Supreme Court has ruled that Donald Trump can remain on the presidential primary ballot in Colorado, overturning a decision from the state’s highest court that found the former president was not qualified to hold office because he had engaged in efforts to overturn the results of the 2020 election.
The unanimous ruling on Monday removes an obstacle for the former president as he mounts another bid for the White House. He is the frontrunner to clinch the Republican nomination. Colorado is among the 15 states and one territory set to vote tomorrow in what is known as Super Tuesday.
The court wrote that states might have the power to disqualify individuals holding or running for state office. However, they did not have the authority under the US constitution to enforce the legal provision Colorado had used to disqualify Trump “with respect to federal offices, especially the presidency”, the justices wrote in an unsigned decision.
In a social media post following the ruling, Trump said: “BIG WIN FOR AMERICA!!!”
The decision undercuts a legal strategy pursued by activist groups and voters in several states to throw Trump off their ballots based on his alleged violation of section three of the 14th amendment, a civil war-era measure that bars officers who have engaged in rebellion or insurrection from holding office. Officials in Colorado, Maine and Illinois had all disqualified Trump on this basis.
The Supreme Court, however, on Monday said that “nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates”.
This case marked the first time the high court addressed how a legal principle originally aimed at keeping Confederates from holding office applied to the eligibility of present-day presidential candidates.