The recent 9-0 ruling by the American Supreme Court is a boost for former President Donald Trump, who is likely to be the Republican nominee in the upcoming Presidential election. The court unanimously ruled that states cannot disqualify Presidential nominees under Section 3 of the 14th Amendment, incorporated in 1868 to bar officials who engage in “insurrection or rebellion” from holding future offices. This was instituted to keep the former Confederates at bay. There are cases against Trump in at least 35 states. Among them, three states — Colorado, Maine, and Illinois — have invoked the 14th Amendment to bar him from contesting the Presidency for a third time. The reason for this decision is that as the 45th President, who took an oath to follow the Constitution in both letter and spirit, he tried to prevent a peaceful transfer of power in January 2021.
Trump’s act literally amounted to “insurrection or rebellion”, attracting Section 3 of the 14th Amendment. The Federal Court upheld the states’ right to invoke the provision against insurrectionists for state posts, not Federal ones. In a country with 50 states, no state can be given the power to invalidate the candidature for Presidency on this ground. In other words, states cannot have the power to disqualify Trump from contesting in the next election just because his conduct was unbecoming of a President. The Federal Court could have deliberated on the issue and decided whether the 14th Amendment was applicable to him. Since no such decision was taken, Trump can continue to pursue his ambition of returning to power. In giving this verdict, the Supreme Court has foreclosed the option of any state nullifying the candidature of any person on any such ground. It is a victory for Federal supremacy.
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