The High Court Report8 Feb 2024

Oral Argument: Trump v. Anderson | Case No. 23-719 | Date Argued: 2/8/24 | Date Decided: 3/4/24

Link to Docket: Here.

Background:

The Supreme Court of Colorado held that President Donald J. Trump is disqualified from holding the office of President because he "engaged in insurrection" against the Constitution of the United States-and that he did so after taking an oath "as an officer of the United States" to "support" the Constitution. The state supreme court ruled that the Colorado Secretary of State should not list President Trump's name on the 2024 presidential primary ballot or count any write-in votes cast for him. The state supreme court stayed its decision pending United States Supreme Court review.

Question Presented: Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?

Holding: Because the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 of the 14th Amendment against federal officeholders and candidates, the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot.

Result: Reversed.

Voting Breakdown: 9-0. Per curiam opinion. Justice Barrett filed an opinion concurring in part and concurring in the judgment. Justices Sotomayor, Kagan, and Jackson filed an opinion concurring in the judgment.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Jonathan F. Mitchell, Austin, Tex.
For Respondents Anderson, et al.: Jason C. Murray, Denver, Colo.
For Respondent Griswold: Shannon W. Stevenson, Solicitor General, Denver, Colo.

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