Former President Donald Trump could learn Monday whether the Supreme Court will let him appear on this year’s ballot as he tries to close in on the Republican presidential nomination.
The entire court agrees that states do not have the right to remove federal candidates from the ballot. They can remove state candidates. Honestly, this is pretty obviously correct from the language of the 14th amendment. There’s nothing that empowers states to do that.
However, there is disagreement on the court on how this should be executed. The main opinion wants it to be solely up to Congress, but the liberal concurrence points out what a big ass problem that is.
Note that this is a 9-0 decision. Dobbs was not.
The entire court agrees that states do not have the right to remove federal candidates from the ballot. They can remove state candidates. Honestly, this is pretty obviously correct from the language of the 14th amendment. There’s nothing that empowers states to do that.
However, there is disagreement on the court on how this should be executed. The main opinion wants it to be solely up to Congress, but the liberal concurrence points out what a big ass problem that is.