United States of America - March 2024

In a ruling that could have implications for any future challenges to the eligibility of alleged insurrectionists, the Supreme Court determined that states are not entitled to use Section 3 of the 14th Amendment to unilaterally disqualify a person from running for federal office. Section 3 establishes that an “officer of the United States”, having taken an oath to support the Constitution, is disqualified from holding office if they have engaged in insurrection or rebellion.  

Based on this logic, the Court restored Donald Trump to Colorado’s primary ballot, from which he had been disqualified due to his role in the 6 January 2021 riot. Although this resolved the main question before the Court, five justices went beyond and determined that Section 3 required Congress to pass implementing legislation to be enforced. Conversely, the other four justices considered that the issue before the Court did not call for a ruling on the issue of Section 3’s enforceability. Among them, the three liberal justices, who also criticised the majority for not exercising judicial restraint and argued that the Court’s broad ruling would exclude other means of enforcement, such as through the courts, and could “insulate all alleged insurrectionists from future challenges to their holding office”. 
Sources: The New York Times, Reuters, The Guardian, The Washington Post