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Supreme Court orders Trump back on Colorado primary ballot ahead of Super Tuesday
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Published March 4, 2024, 10:01 a.m. ET
The US Supreme Court ordered former President Donald Trump back on the 2024 primary ballot in Colorado on Monday, the day before the Centennial State and 14 others pick their Republican nominees for president.
The unanimous ruling also overturns disqualification orders handed down by officials and judges in Maine and Illinois in recent weeks.
The unsigned order found that only Congress, and not individual states, can disqualify candidates for federal office under Section 3 of the 14th Amendment, known colloquially as the Insurrection Clause or the Disqualification Clause.
"The judgment of the Colorado Supreme Court … cannot stand," the order read. "All nine Members of the Court agree with that result."
During Feb. 8 oral arguments, the majority of the justices had signaled openness to reversing a December decision by the Colorado Supreme Court to kick Trump off the primary ballot.
The Colorado Republican Party appealed that decision to the Supreme Court, while Trump attorneys appealed the decision by Maine's secretary of state and an Illinois judge to disqualify him.
The Supreme Court made the unusual choice to announce the order while not taking the bench, implying that the justices believed it necessary to redress the move before Super Tuesday.
At least one-third — 854 of 2,429 — of all Republican delegates will be up for grabs during the March 5 contest. Trump has already won 244 delegates, while former South Carolina Gov. Nikki Haley has nabbed 19.
A Dec. 13 ruling by Colorado's Supreme Court removed Trump from the primary ballot, citing his violation of the insurrection clause of the US Constitution's 14th Amendment.
The Civil War-era amendment barred former Confederate officers from being elected to Congress if they had engaged in "insurrection or rebellion" against the US.
Four of the seven Colorado Supreme Court justices ruled that Trump's actions in the lead-up to the Jan. 6, 2021, Capitol riot, which halted the certification of the 2020 presidential election, constituted insurrection.
But the unprecedented move to use the clause to determine the eligibility of a leading presidential candidate concerned some legal scholars, who argued the Supreme Court should swiftly overturn the decision.
Trump's attorneys made the same case in oral arguments last month before the high court, while also pointing out the insurrection clause was meant to be enforced by Congress — reasoning that the justices suggested was sound.
"It'll come down to just a handful of states that are going to decide the presidential election," Chief Justice John Roberts said at the time. "That's a pretty daunting consequence."
"The question you have to confront," liberal Justice Elena Kagan also told attorney Jason Murray, who represents Colorado voters seeking to remove Trump from the ballot, "is why a single state should decide who gets to be president of the United States."
Special counsel Jack Smith indicted Trump last August for his attempts to overturn the 2020 election in Washington, DC, but opted to prosecute the former president for obstructing an official proceeding, not inciting an insurrection.
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Trump is currently the runaway frontrunner for the 2024 Republican nomination, having won all but one of the primary elections.
Haley, 52, won her first nominating contest in deep blue DC on Sunday night.
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