The U.S. Supreme Court unanimously determined that states cannot remove Presidential candidates from the state ballot. The power to remove a federal candidate from the ballot resides with Congress, solely. The post-Civil war provision of the 14th Amendment was cited as a basis to remove President Trump as a candidate from the Presidential ballot for the 2024 election cycle.

Some states, including Colorado, Illinois, and Maine, previously removed Trump from the ballot due to his involvement in the January 6, 2021, attack on the U.S. Capitol and efforts to reverse the outcome of the 2020 election results. This effort was the first time the Supreme Court heard a case citing the 14th Amendment, Section 3. The Amendment states former officeholders who “engaged in insurrection” are not allowed to hold office again.

However, determining what Congress must do in order to remove Trump from the ballot saw sharp disagreement between members of the Court. The Court stated Congress must enact legislation to disqualify a candidate based on insurrection. Three members of the Supreme Court offered their joint opinion stated legislation is beyond the requirement to limit an ‘oathbreaking insurrectionist’ from becoming President.

As always, ILBSG continues to actively monitor ongoing updates that may affect U.S. immigration. If you have questions about any U.S. immigration-related issue, contact us at ILBSG.

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