The early weeks of the 2024 presidential race have been nothing short of tumultuous. Former UN ambassador Nikki Haley was the first-ever candidate to lose a primary to the option “none of these candidates,” in the Feb. 7 Nevada Republican primary. President Joe Biden’s memory and sharing of classified documents have been repeatedly questioned. On Feb. 16, a New York judge ordered former president Donald Trump to pay $450 million in fines for fraud. Amidst the chaos, concerns about Trump’s eligibility have loomed in the background.
The New York Times reported that at least 35 states have contested Trump’s appearance on a state primary ballot. So far, only two states—Colorado and Maine—have succeeded in barring Trump from their primary ballot. 17 of the 35 states, including Minnesota, have dismissed the challenges. In 16 states, the challenge remains unresolved.
The Colorado Supreme Court ruled Trump ineligible for the state’s primary ballot on Dec. 19, 2023, in a 4-3 decision. The court cited Section 3 of the 14th Amendment, which states that “No person shall … hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath … as an officer of the United States … to support the Constitution of the United States, shall have engaged in insurrection,” according to the National Constitution Center. Maine Secretary of State Shenna Bellows followed suit by disqualifying Trump from their state primary ballot on Dec. 28, 2023.
“Because of [Jan. 6, 2021], Trump is considered an insurrectionist, and as such, is no longer eligible to be elected for public office,” sophomore William Hanna explained. They have been following the state challenges but think the 14th Amendment argument will be difficult to uphold since Trump has not been found guilty of insurrection. Until now, a presidential candidate has never been disqualified on the grounds of the 14th Amendment.
Trump has appealed both Colorado and Maine’s rulings. The Supreme Court heard arguments for the Colorado case on Feb. 8, and their ruling is expected to determine the fate of Trump’s eligibility nationally.
The Supreme Court justices have appeared concerned about the role of states in presidential elections. “I think that the question that you have to confront is why a single state should decide who gets to be president of the United States,” Justice Elena Kagan said to one of the Colorado lawyers.
Overall, Hanna believes that the precedent set by state involvement in national elections is more important than the fate of this particular case. “If this were a precedent moving forward … it’s not that hard to imagine a world where … states with a Republican governor and Secretary of State would always take the Democrat off the ballot,” they said.
It is unclear when the Supreme Court will make a ruling, but it is expected before Colorado’s primary on Mar. 5.