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Supreme Court decisions
No. 23-719Mar 4, 2024Government Operations and PoliticsReversed

The question

Whether a state may bar a former President from its presidential primary ballot under Section 3 of the Fourteenth Amendment.

Trump v. Anderson

What the Court decided

The Court held that a state cannot remove a candidate for federal office from the ballot under Section 3 of the Fourteenth Amendment. The Constitution makes Congress, not the states, responsible for enforcing Section 3 against federal officeholders and candidates, so Colorado could not exclude former President Trump from its 2024 primary ballot. The decision was unanimous in result, and reversed the Colorado Supreme Court.

How the justices split

Unanimous
In favor 9
Roberts
Thomas
Alito
Sotomayor
Kagan
Gorsuch
Kavanaugh
Barrett
Jackson

Per curiam (unsigned)

Delivered by the Court

Responsibility for enforcing Section 3 of the Fourteenth Amendment against federal officeholders and candidates rests with Congress, not the states. States may disqualify people from holding state office, but they have no power under the Constitution to enforce Section 3 against federal candidates, so Colorado could not strike Trump from the ballot. All nine justices agreed on that result, though they divided on the reasoning.

How we know · 3 sourced claims
  • The Court held the Constitution makes Congress, not the states, responsible for enforcing Section 3 against federal candidates.

    Source: syllabus, Held, at 23-719

  • The Colorado Supreme Court erred in ordering Trump excluded from the 2024 primary ballot.

    Source: syllabus, Held

  • The decision was per curiam and unanimous in the result.

    Source: syllabus, per curiam

Read the opinion on supremecourt.gov