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What other states are now trying to remove Donald Trump from their 2024 ballots?

A Colorado court has removed Donald Trump from the 2024 ballot. Which other states are making this legal argument?

The United States Supreme Court building is seen after justices unanimously reversed a Dec. 19, 2023 decision by Colorado's top court to kick Donald Trump off the state's Republican primary ballot, in Washington, U.S., March 4, 2024. REUTERS/Kevin Lamarque
Kevin LamarqueREUTERS

Donald Trump, currently the leading candidate for the Republican presidential nomination for the 2024 election, has faced a major legal challenge. However, the US Supreme Court has overruled Colorado’s highest court mandating that the former president appear on the general election ballot in November. The Colorado court’s decision had been based on their interpretation of the 14th Amendment to the US Constitution, which was ratified on July 9th, 1868. The amendment deals with citizenship, equal protection under the law, and due process. Specifically, Section 3 of the 14th Amendment states that anyone engaged in insurrection or rebellion against the US government is disqualified from holding public office.

On Monday, the Supreme Court handed down its unanimous decision overturning the Colorado Supreme Court ruling to ban Trump. Effectively that puts an end to all remaining pending challenges and the other bans imposed, but on hold until now, by Illinois and Maine.

“Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the states,” SCOTUS said in its opinion. “The judgment of the Colorado Supreme Court therefore cannot stand.”

Cases to remove Donald Trump are pending in twelve states

Colorado is one of several states that tested this legal theory to have Donald Trump removed from the ballot. However, the cases are likely to be sent to the Supreme Court, which will make the financial decision as to whether or not such a move is constitutional. Over the coming months, these cases will be decided, and the former president could see his name removed from more consequential states.

Lawyers in Florida, Minnesota, New Hampshire, and Rhode Island, making the argument that was able to have the former presidnet removed in Colorado, were dismissed. The decision from New Hampshire stated that the plaintiff, John Anthony Castro, had not “established that he has or will suffer a political competitive injury arising from Trump’s participation in the” state’s primary.

Castro, the plaintiff in multiple cases being presented across the country, is running for the presidency as a Republican. These lawsuits aim to keep Trump off the ballot, increasing Castro’s electoral chances. Cases are pending in California, New Mexico, New York, North Carolina, South Carolina, Virginia, and Wisconsin. Castro has dismissed the case in Arizona, Florida, Indiana, Massachusetts, Minnesota, Michigan, Nevada, New Hampshire, Oregon, Rhode Island, Texas, Vermont, Washington, West Virginia, and Wyoming.

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