Sotomayor, Kagan and Jackson ‘protest’ majority in Colorado Trump ballot case
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The Supreme Court has ruled that Donald Trump can be on the presidential primary ballot in Colorado, overruling a state court ruling that said otherwise.
Congress, rather than the states, is responsible for enforcing the constitutional provision at issue against federal officeholders and candidates, the court said Monday in a “per curiam” opinion, meaning an unsigned ruling for the court. The court was unanimous in reversing the Colorado ruling against Trump, but there was disagreement about how far the court went. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson wrote a concurring opinion saying the majority decided more than it had to, ruling on “novel constitutional questions to insulate this Court” and Trump “from future controversy.” Justice Amy Coney Barrett also wrote a short concurrence saying the majority decided more than it had to, but she didn’t join the Democratic appointees’ lengthier concurrence that was more critical of the majority.
A host of legal and history experts explained to the justices why Trump is disqualified under the 14th Amendment. [Those] briefs …., argued that Trump is disqualified from office under the 14th Amendment, which bans insurrectionists who had sworn to support the Constitution. But the Feb. 8 oral argument showed the justices’ discomfort with keeping the leading GOP presidential candidate off the ballot.
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