top of page



Mar 4, 2024

Congress is responsible for establishing regulations regarding the enforcement of the 14th Amendment provision, the Court made it clear.

On Monday, U.S. Supreme Court ruled that Donald Trump can remain on the primary ballot in Colorado, rejecting the state's disqualification and potentially setting national wide guidelines. The nine justices, three liberal and six conservative, all agreed with the ruling.

By deciding that states lack the authority to remove Trump from the ballot due to his involvement in the events preceding the Capitol riot on Jan. 6, 2021, the Court delivered a significant victory to Trump, who is the frontrunner in the Republican presidential race.

The U.S. Supreme Court declared that the Colorado Supreme Court had made an incorrect assumption that states possess the authority to decide whether a presidential candidate is disqualified under Section 3 of the 14th Amendment of the Constitution, which prohibits individuals who have engaged in insurrection from holding public office.

"Because the Constitution makes Congress, rather than the states, responsible for enforcing section 3 against all federal officeholders and candidates, we reverse," the ruling said.

The latest ruling makes it clear that it is Congress, rather than individual states, that is responsible for establishing regulations regarding the enforcement of the 14th Amendment provision. Therefore, this decision applies to all U.S. states, not just Colorado.

The ruling came one day before Super Tuesday, the day in the presidential primary cycle when most states vote. This year, some 15 states and one territory, including Colorado, will vote.

The U.S. presidential primaries precede the Republican National Convention in July, where the party's presidential nominee is officially selected by delegates, followed by the Democratic National Convention in August. The 2024 Election Day falls on Nov. 5.

bottom of page