In a repudiation of the notion that Trump’s actions left him ineligible under the 14th Amendment’s “insurrectionist ban,” a unanimous court ruled that an individual state could not dump the former president from the ballot. But the justices did not say if Trump was in fact an insurrectionist and split on technicalities of how the ban could be enforced – a distinction with potentially broad consequences.
The unsigned opinion noted that lower courts in Colorado found Trump’s remarks before the attack on the US Capitol qualified as engaging in an insurrection within the meaning of the Constitution. But the court’s unsigned opinion didn’t return to that judgment direction. That tracks with what experts had predicted would happen, that the justices would seek to decide the ballot case in a more narrow way without saying much of anything about Trump’s actions.
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