The Supreme Court issued a ruling on Monday that determined the state of Colorado cannot remove former President Donald Trump from the primary ballot using Section 3 of the 14th Amendment.
All nine justices agreed with the decision. Colorado’s primary is set to take place on Tuesday, March 5.
“BIG WIN FOR AMERICA!!!” Trump said in a post to Truth Social.
Colorado voters challenged Trump’s eligibility over his actions leading up to the U.S. Capitol breach on January 6, 2021.
The Colorado Supreme Court issued a 4-3 ruling in December that found Trump to be disqualified from holding the office of the presidency.
Citing Section 3 of the 14th Amendment, an insurrection clause dating back to the Civil War, the ruling said Trump should not appear on the primary ballot.
Two other states — Maine and Illinois — also moved to bump Trump from the ballot using Section 3 of the 14th Amendment, but the Supreme Court decision on Monday ends those efforts as well.
“States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the Supreme Court said.
Trump, who is running for another term in the White House for a second time this year, is the clear GOP frontrunner as he holds a wide delegate lead over his next closest rival, Nikki Haley.
The Dhillon Law Group, led by founder and managing partner Harmeet Dhillon, served as counsel of record for Trump’s case to keep him on the ballot in Colorado.
“Today’s unanimous Supreme Court decision underscores the bedrock principles of our democracy and the rule of law. This victory is not just for President Trump but for the integrity of our electoral system and the rights of voters across the country,” Dhillon said.
“The attempt to use the 14th Amendment in this manner was a dangerous overreach that, if left unchallenged, could have set a perilous precedent for future election,” she added. “We are proud to have defended the constitutional rights at stake and grateful for the Supreme Court’s unequivocal affirmation of these fundamental principles.”
Colorado Secretary of State Jena Griswold, a Democrat, also reacted to the ruling on Monday with a post to X.
“I am disappointed in the U.S. Supreme Court’s decision stripping states of the authority to enforce Section 3 of the 14th Amendment for federal candidates,” Griswold said. “Colorado should be able to bar oath-breaking insurrections from our ballot.”
Despite the unanimous decision on the topline issue in the case, only five of the justices agreed that the only way to enforce Section 3 is through Congress. Conservative Justice Amy Coney Barrett joined with her liberal colleagues in opposing this view.
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In a separate matter, the Supreme Court announced on Wednesday that it was taking up the issue of whether Trump can invoke presidential immunity to shield himself from federal prosecution in a 2020 election case brought by special counsel Jack Smith.
The Supreme Court scheduled an oral argument for the week of April 22, 2024, raising doubts among legal experts that a trial in the case brought by Smith could be held before the election in November.