The U.S. Supreme Court ruled unanimously that states including Illinois lack the authority to remove former President Donald Trump from the ballot under the 14th Amendment.
Former President Donald Trump speaks March 4, 2024, at his Mar-a-Lago estate in Palm Beach, Florida, after the U.S. Supreme Court unanimously restored him to 2024 presidential primary ballots. that states including Illinois lack the authority to remove former President Donald Trump from the ballot under the “insurrection clause” of the 14th Amendment to the U.S. Constitution.
At issue was Section 3 of the 14th Amendment, which states that those who have taken an oath to uphold the Constitution “as an officer of the United States” shall not be able to serve in Congress or “hold any office, civil or military” if they have engaged in “insurrection or rebellion” against the Constitution.
The court’s three Democratic appointees, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, referred to Trump as “an oathbreaking insurrectionist” but agreed that allowing individual states to make their own disqualification decisions “would create a chaotic state-by-state patchwork at odds with our Nation’s federalism principles.” Still, in a separate concurrence, they said the court’s majority went too far in making an act of Congress the enforcement mechanism.
“Essentially, you cannot take somebody out of a race because an opponent would like to have it that way,” he said. “The voters can take a person out of the race very quickly. But the court shouldn’t be doing that, and the Supreme Court said that very well.”
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