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  • 1440 Daily Digest

SCOTUS Keeps Trump on Ballot

The Supreme Court ruled unanimously yesterday to restore former President Donald Trump’s name on Republican primary ballots. The ruling overturns a Colorado decision disqualifying Trump under the 14th Amendment's insurrection clause for his role in the events of Jan. 6, 2021. The court’s decision applies nationwide, including reversing decisions in Maine and Illinois.

The post-Civil War clause under Section 3 of the 14th Amendment bars anyone who “engaged in insurrection” from holding office. The Supreme Court ruled (see opinion) Congress alone can determine eligibility for federal office under the clause, citing Section 5, with states determining eligibility for state offices. The court sidestepped the question of whether Trump engaged in insurrection. 

The ruling came ahead of today’s Super Tuesday primaries, when Colorado and 14 other states, collectively responsible for 36% of all Republican delegates, head to the polls. If Trump were to win all the delegates (he has won roughly 83% to date), he will have secured roughly 94% of the delegates needed to become the Republican nominee. Track primary results here.

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