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Supreme Court sides with Trump; rules he can appear on Colorado ballot

All nine justices voted in favor of allowing the former president to remain on Colorado's primary ballot.
Posted at 8:15 AM, Mar 04, 2024

The U.S. Supreme Court ruled Monday that Colorado cannot ban former President Donald Trump from appearing on the state's primary ballot as the leading Republican candidate closes in on securing the GOP presidential nomination. All nine justices voted in favor of allowing Trump to remain on the ballot, concluding that individual states should not be responsible for dictating who can and can't appear on a national election ballot.

"Our Constitution leaves some questions to the States while committing others to the Federal Government," Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson wrote in their concurring opinion. "Federalism principles embedded in that constitution structure decide this case. States cannot use their control over the ballot to 'undermine the National Government.'"

The ruling comes after lawyers for the former president appealed a Colorado Supreme Court ruling that claimed Trump should be barred from appearing on the state's primary ballot due to his alleged role in the Jan. 6, 2021, Capitol insurrection. Colorado was the first state to cite a Civil War-era Constitutional clause that prohibits anyone who has "engaged in insurrection or rebellion" from holding federal or state office. 

Report: Judge removes Trump from Illinois' primary ballot
Former President Donald Trump

Report: Judge removes Trump from Illinois' primary ballot

The decision is now on hold, granting the former president a short period in which to appeal the judge's decision in Illinois state courts.


The provision is nestled at the end of the 14th Amendment and has only been used a couple of times throughout history, but has gained renewed attention following the Capitol insurrection. Trump has also been barred from appearing on primary ballots in Illinois and Maine. 

It's worth noting that Trump has been accused of engaging in an insurrection but has never been indicted. The Supreme Court's ruling — coming a day before Super Tuesday — means Trump can appear on primary election ballots in all states despite efforts to have him removed.

The current front-runner for the Republican presidential nomination celebrated the ruling on his social media platform, calling it a "BIG WIN FOR AMERICA!!!"