This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.

For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand.

  • girlfreddy@lemmy.caOP
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    8 months ago

    SCOTUS denies Colorado’s state court to decide whether or not a person seeking to hold a federal office can be blocked. It must be decided by Congress alone.

        • Flying Squid@lemmy.world
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          8 months ago

          I wonder if this decision will convince Nikki Haley to drop out or if she’s determined to stay in it until the RNC?

          • girlfreddy@lemmy.caOP
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            8 months ago

            I honestly thought she was simply sticking around until SCOTUS ruled, so she’d have a chance at being the last one standing … and, by default, the GOP nominee.

            • kent_eh@lemmy.ca
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              8 months ago

              By that measure, there are still court cases in progress that could, theoretically, leave her the lone remaining viable candidate.

              It’s unlikely, but possible.

              Then again, she may simply be preparing to be the highest profile candidate for 2028.

      • SkybreakerEngineer@lemmy.world
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        8 months ago

        If one more person (looking at you Roberts) had sided with the liberals, he’d be off the ballot nationwide. The only thing that’s unanimous is that it’s not up to the states.