Trump v. Anderson
601 U.S. 100
SCOTUS2024Background
- After Donald J. Trump announced his candidacy for president in 2024, Colorado voters filed a state court petition arguing that Section 3 of the Fourteenth Amendment barred him from appearing on the primary ballot due to alleged participation in the January 6, 2021, insurrection.
- The Colorado District Court found Trump had "engaged in insurrection" but declined to remove him from the ballot, reasoning Section 3 did not apply to the presidency.
- The Colorado Supreme Court reversed, finding Section 3 applies to presidents and ordering Trump excluded from the state ballot.
- The Colorado Supreme Court’s decision was automatically stayed pending Supreme Court review.
- The Supreme Court granted certiorari, focusing on whether states may enforce Section 3 to disqualify federal candidates, especially presidential candidates, from the ballot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Section 3 of the Fourteenth Amendment bar Trump from the Colorado ballot? | Anderson: Trump engaged in insurrection post-oath and is disqualified under Section 3. | Trump: Section 3 is not self-executing, does not cover presidency, and states lack enforcement power. | The Court held Section 3 disqualification is not state-enforceable for federal offices. |
| Can states enforce Section 3 of the Fourteenth Amendment against federal officeholders/candidates? | Anderson: States have authority via their own election codes and Section 3. | Trump: Only Congress, not states, may enforce Section 3 against federal candidates or officeholders. | States cannot enforce Section 3 for federal offices; enforcement lies with Congress. |
| Is implementing federal legislation required to enforce Section 3? | Anderson: Section 3 may be enforced judicially or by states without congressional action. | Trump: Legislation by Congress is needed for enforcement against federal officials. | Majority: Congressional action (under Section 5) is necessary for enforcement regarding federal offices. |
| Would state-by-state ballot decisions on Section 3 create constitutional or practical problems? | Anderson: State participation is permissible under federal and state law. | Trump: A “patchwork” of rulings would undermine uniform federal leadership and voting. | State-level enforcement risks non-uniform, chaotic results inconsistent with federal election principles. |
Key Cases Cited
- U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (States cannot add qualifications to federal office beyond those in the Constitution)
- Anderson v. Celebrezze, 460 U.S. 780 (State regulations affecting presidential elections implicate national interests)
- Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (Fourteenth Amendment expanded federal power over states)
- City of Boerne v. Flores, 521 U.S. 507 (Defines scope of Congressional enforcement power under Section 5 of the Fourteenth Amendment)
- Taylor v. Beckham, 178 U.S. 548 (State authority over qualifications of state officials is distinct from federal offices)
- Fitzpatrick v. Bitzer, 427 U.S. 445 (Reconstruction Amendments limit state authority while enhancing federal power)
- Bush v. Gore, 531 U.S. 98 (Federal intervention in state electoral disputes)