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Justice Elena Kagan: Why should a single state have the ability to decide who is President?
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February 9, 2024
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0:40Now PlayingA clear majority of the Supreme Court’s nine justices signaled Thursday that they would overturn a Colorado ruling barring former President Donald Trump from the state’s Republican presidential primary ballot.
The former president, 77, and his lawyers were appealing the Dec. 19 decision by Colorado’s Supreme Court that found Trump ineligible for the March 5 GOP contest by virtue of violating the Constitution’s so-called “Insurrection Clause” during the Jan. 6, 2021, Capitol riot.
Trump’s team argued separately that Congress — not the states — was tasked with enforcing the clause, that the provision did not apply to the office of president, and that the 45th president did not engage in an insurrection when hundreds of his allies stormed the Capitol and disrupted the certification of Joe Biden’s 2020 election victory.
The congressional supremacy argument found the most favor with the court, as Chief Justice John Roberts fretted during oral arguments that upholding the Colorado ruling would open the door to red and blue states removing politicians of opposing parties from the ballot on a whim.
“It’ll come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence,” Roberts said.
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