The Supreme Court has just dealt a blow to the state of Colorado and ruled that states do not have the authority to enforce Section 3 against federal candidates. And it’s unanimous.
Here’s what we know from Amy Howe at Scotusblog:
The Court holds that “[b]ecause the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”
Justice Barrett concurs in part and concurs in the judgment. She agrees that states do not have the power to enforce Sec. 3 against presidential candidates but would not go further and address whether federal legislation is the only way that Section 3 can be enforced.
Justices Sotomayor, Kagan, and Jackson have a (joint?) opinion concurring in the judgment. They too agree that Colorado cannot keep Trump off the ballot. But then, they say, five justices go further and “decide novel constitutional questions to insulate this Court and [Trump] from further controversy,” by announcing “that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of enforcement.”
This is not a shock at all and I’m so glad Trump has easily won this battle.
Below is the full opinion if you’d like to read it.
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