In an historic, unanimous decision, the Supreme Court of the United States (SCOTUS) smacks down Colorado’s attempt to remove President Donald Trump from the ballot due to the 14th Amendment. This 9-0 ruling effectively stops the efforts of other states to do the same.
Here’s the media reaction. First, from Fox:
CNN:
BBC:
and finally, NBC.
This is a major victory for President Trump and for America. Praise the Lord!
The Supreme Court of the United States (SCOTUS) agreed on Friday to take up the Colorado case to remove President Donald Trump off the ballot due to the 14th Amendment. The court’s decision will have lasting ramifications in future efforts by the Democrats to keep the 45th President off of other state ballots.
The Colorado Supreme Court ‘removed’ Trump from the ballot in December for ‘inciting’ the January 6 ‘insurrection’ under the 14th Amendment. Critics of the Colorado court say the ruling is nothing more than election interference since Trump was never convicted for insurrection. More on that later.
Here is what insurrection clause of the 14th Amendment explicitly states:
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
As you can see from the language, the 14th Amendment applies to congresspersons, officers of the United States government, state assemblypersons, governors or judges. Nowhere is the President mentioned. Legal scholars say the 14th Amendment does not apply to the President because he is not an officer of the government and, in this case, was never found guilty of insurrection for the January 6 protest /riot.
If Trump was never found liable for inciting insurrection, then the legal basis from removing him from the ballot is questionable. You can’t penalize someone for an accusation without a conviction as Colorado, and later, Maine did. That makes a mockery of the law.
Arguments to SCOTUS will start on February 8 with a ruling following. Trump remains on both ballots pending litigation, in the meantime.
Please note the Colorado ruling was without teeth, playing both sides by allowing Trump back on the ballot as soon as he appealed to the Supreme Court. See this brilliant analysis by Sundance at the Conservative Treehouse.