Trump v. Anderson, 601 U.S. ___ (2024)
In this case, a group of Colorado voters contended that Section 3 of the Fourteenth Amendment prohibits former President Donald J. Trump from holding the Presidential office again. The Colorado Supreme Court agreed, ordering the state to exclude Trump from the Republican primary ballot and to disregard any write-in votes cast for him.
The case centered around the interpretation of Section 3 of the Fourteenth Amendment, which disqualifies any person from holding a federal or state office who has previously taken an oath to support the Constitution and subsequently engaged in insurrection or rebellion against the United States. The voters claimed that Trump's actions following his defeat in the 2020 Presidential election, particularly the incitement of the crowd that breached the Capitol on January 6, 2021, constituted such insurrection.
The Supreme Court of the United States reversed the decision of the Colorado Supreme Court, ruling that the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates. The Court maintained that while the States may disqualify persons holding or attempting to hold state office, they lack the power to enforce Section 3 with respect to federal offices, including the Presidency. The Court argued that permitting state enforcement of Section 3 against federal officeholders and candidates would invert the Fourteenth Amendment’s rebalancing of federal and state power and would raise serious questions about the scope of that power. The Court concluded that such enforcement would lead to chaos and inconsistency in the electoral process. Therefore, the responsibility for enforcing Section 3 rests with Congress, not the States.
The Constitution makes Congress, rather than the States, responsible for enforcing Section 3 of the Fourteenth Amendment against federal officeholders and candidates.
Judgment REVERSED. The mandate shall issue forthwith. Opinion per curiam. Barrett, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, Kagan, and Jackson, JJ., filed an opinion concurring in the judgment. |
Judgment and mandate issued. |
Motion for leave to intervene filed by Chris Sevier DENIED. |
Motion for leave to file amici brief out of time filed by United States Justice Foundation and Policy Issues Institute, Inc. DENIED. |
Motion for leave to file amici brief filed by United States Justice Foundation and Policy Issues Institute, Inc. DENIED. |
Argued. For petitioner: Jonathan F. Mitchell, Austin, Tex. For respondents Anderson, et al.: Jason C. Murray, Denver, Colo. For respondent Griswold: Shannon W. Stevenson, Solicitor General, Denver, Colo. |
Amicus brief of United States Justice Foundation & Policy Issues Institute, Inc. submitted. |
Reply of petitioner Donald J. Trump filed. (Distributed) |
Motion of Terpsehore “Tore” Maras and Eligible Voters of All 50 States and 1 Territory for leave to participate in oral argument and for divided argument submitted. |
Reply of Donald J. Trump submitted. |
Reply of Colorado Republican State Central Committee in support of reversal submitted. |
Reply of respondent Colorado Republican State Central Committee in support of reversal filed. (Distributed) |
Motion of Terpsehore “Tore” Maras and Eligible Voters of All 50 States and 1 Territory for leave to participate in oral argument and for divided argument not accepted for filing. (February 07, 2024) |
Motion of David Boyle for leave to participate in oral argument and for divided argument not accepted for filing. (February 06, 2024) |
Motion of David Boyle for leave to participate in oral argument and for divided argument submitted. |
Motion for divided argument and enlargement of time for oral argument filed by respondent GRANTED IN PART, a total of 80 minutes is allotted, and the time is divided as follows: 40 minutes for petitioner, 30 minutes for respondents Anderson, et al., and 10 minutes for respondent Griswold. |
Motion of Professor Seth Barrett Tillman for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED. |
Amicus brief of San Francisco Taxpayers Association, The Honorable Pete McCloskey & The Honorable Quentin L. Kopp submitted. |
Amicus brief of Capitol Police Officers Present at the U.S. Capitol on January 6, 2021 submitted. |
Amicus brief of Professor David M. Driesen, et al. submitted. |
Motion of Chris Sevier for leave to intervene DISTRIBUTED for Conference of 2/16/2024. |
Amicus brief of Professor Ilya Somin submitted. |
Amicus brief of David B. Tatge submitted. |
Amicus brief of Jeremy Bates submitted. |
Amicus brief of Professor Edward J. Larson submitted. |
Amicus brief of United States Justice Foundation & Policy Issues Institute, Inc. submitted. |
Amicus brief of Jordan L. Michelson submitted. |
Amicus brief of Experts in Democracy submitted. |
Amicus brief of Former Republican Members of Congress submitted. |
Amicus brief of Professor Sherrilyn Ifill submitted. |
Amicus brief of Constitutional Law Professor Mark A. Graber submitted. |
Amicus brief of Constitutional Accountability Center submitted. |
Amicus brief of David B. Tatge not accepted for filing. (January 31, 2024--correct files to be resubmitted electronically.) |
Motion DISTRIBUTED for Conference of 2/16/2024. |
Response of Norma Anderson, et al. to motion submitted. |
Amicus brief of Former Colorado Secretary of State Mary Estill Buchanan submitted. |
Amicus brief of David P. Cullenberg, Bryant "Corky" Messner, William C. Saturley submitted. |
Amicus brief of Retired State Supreme Court Justices submitted. |
Brief of Colorado Secretary of State Jena Griswold submitted. |
Amicus brief of Josh Autry submitted. |
Brief amicus curiae of David B. Tatge filed. (Distributed) |
Amicus brief of Michael T. Worley submitted. |
Brief amici curiae of Capitol Police Officers Present at the U.S. Capitol on January 6, 2021 filed. (Distributed) |
Brief amicus curiae of Josh Autry filed. (Distributed) |
Brief amicus curiae of Jeremy Bates filed. (Distributed) |
Brief amicus curiae of Professor Edward J. Larson filed. (Distributed) |
Brief amici curiae of Professor David M. Driesen, et al. filed. (Distributed) |
Brief amicus curiae of Jordan L. Michelson filed. (Distributed) |
Brief amicus curiae of Michael T. Worley filed. (Distributed) |
Amicus brief of Constitutional Law Professor Mark A. Graber submitted. |
Motion for leave to file amici brief out of time filed by United States Justice Foundation and Policy Issues Institute, Inc. (Feb. 7, 2024) (Distributed) |
Brief of respondent Jena Griswold, Colorado Secretary of State filed. (Distributed) |
Motion for leave to file amici brief out of time filed by United States Justice Foundation and Policy Issues Institute, Inc. (Feb. 7, 2024) (Distributed) |
Motion for leave to file amici brief out of time filed by United States Justice Foundation and Policy Issues Institute, Inc. (Feb. 7, 2024) (Distributed) |
Brief amicus curiae of Constitutional Law Professor Mark A. Graber filed. (Feb. 7, 2024) (Distributed) |
Motion for leave to file amici brief out of time filed by United States Justice Foundation & Policy Issues Institute, Inc. (Feb. 7, 2024) (Distributed) |
Amicus brief of United States Justice Foundation & Policy Issues Institute, Inc. submitted. |
Brief amici curiae of Retired State Supreme Court Justices filed. (Distributed) |
Brief amicus curiae of Former Colorado Secretary of State Mary Estill Buchanan filed. (Distributed) |
Brief amicus curiae of Professor Ilya Somin filed. (Distributed) |
Brief amici curiae of San Francisco Taxpayers Association, et al. filed. (Distributed) |
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
Brief amici curiae of David P. Cullenberg, et al. filed. (Distributed) |
Brief amici curiae of Experts in Democracy filed. (Distributed) |
Brief amicus curiae of Professor Sherrilyn Ifill filed. (Distributed) |
Brief amici curiae of Former Republican Members of Congress filed. (Distributed) |
Amicus brief of Professor Kermit Roosevelt submitted. |
Amicus brief of Marc Racicot, William Weld, Christine Todd Whitman submitted. |
Response of Norma Anderson, et al. to motion submitted. |
Amicus brief of Common Cause submitted. |
Amicus brief of Floyd Abrams, Bruce Ackerman, Maryam Ahranjani, Lee C. Bollinger, Erwin Chemerinsky, Alan Chen, Kent Greenfield, Martha Minow, and Geoffrey R. Stone submitted. |
Amicus brief of Common Cause submitted. |
Brief amici curiae of Professors Carol Anderson, et al. filed. (Distributed) |
Brief amici curiae of Floyd Abrams, et al. filed. (Distributed) |
Response of Norma Anderson, et al. to motion submitted. |
Amicus brief of Professors Carol Anderson and Ian Farrell submitted. |
Brief amicus curiae of Common Cause filed. (Distributed) |
Brief amici curiae of Former Republican Governors filed. (Distributed) |
Brief amicus curiae of Professor Kermit Roosevelt filed. (Distributed) |
Amicus brief of American Historians submitted. |
Motion of Professor Seth Barrett Tillman for leave to participate in oral argument and for divided argument submitted. |
Amicus brief of Brian J. Martin submitted. |
Amicus brief of J. Michael Luttig, Peter Keisler, Larry Thompson, Stuart Gerson, Donald Ayer, et. al. submitted. |
Brief amici curiae of J. Michael Luttig, et al. filed. (Distributed) |
Motion of Professor Seth Barrett Tillman for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
Brief amici curiae of American Historians filed. (Distributed) |
Brief amicus curiae of Brian J. Martin filed. (Distributed) |
Brief of Norma Anderson, et al. submitted. |
Amicus brief of Professors Orville Vernon Burton, Allan J. Lichtman, Nell Irwin Painter, James M. McPherson, Manisha Sinha, et. al. submitted. |
Brief amici curiae of Professors Orville Vernon Burton, et al. filed. (Distributed) |
Motion of Colorado Secretary of State Jena Griswold for divided argument submitted. |
Motion for divided argument and for enlargement of time for oral argument filed by respondent Jena Griswold, Colorado Secretary of State. |
Brief of respondents Norma Anderson, et al. filed. (Distributed) |
Corrected Amicus Brief on Behalf of Gavin M. Wax, New York Young Republican Club Inc., and National Constitutional Law Union Inc. of Gavin M. Wax, New York Young Republican Club Inc., and National Constitutional Law Union Inc. submitted. |
Amicus brief of G. Antaeus B. Edelsohn submitted. |
Brief amicus curiae of G. Antaeus B. Edelsohn filed. (Distributed) |
Joint appendix filed (4 volumes). (Distributed) |
Joint appendix filed (4 volumes). Distributed. |
Joint Appendix not accepted for filing. (January 24, 2024-complete filing resubmitted electronically.) |
Motion to extend the time to file joint appendix granted and the time is extended to and including Tuesday, January 23, 2024. |
Joint Appendix submitted. |
Joint Appendix submitted. |
Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. (Distributed) |
Amicus brief of Christian Family Coalition (CFC) Florida, Inc. submitted. |
Amicus brief of Kansas submitted. |
Amicus brief of Gavin M. Wax, New York Young Republican Club Inc., and National Constitutional Law Union Inc. submitted. |
Amicus brief of Professors and Legal Scholars submitted. |
Amicus brief of America's Future, Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., Heller Foundation, Tennessee Firearms Association, Tennessee Firearms Foundation, Inc., Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, Constitution Party National Committee, and Conservative Legal Defense and Education Fund submitted. |
Amicus brief of NAACP Legal Defense & Educational Fund submitted. |
Amicus brief of Michigan Secretary of State Jocelyn Benson submitted. |
Brief of respondent Colorado Republican State Central Committee filed. (Distributed) |
Amicus brief of David Boyle submitted. |
Amicus brief of Chuck Gray, Secretary of State of Wyoming submitted. |
Amicus brief of Terpsehore “Tore” Maras and Eligible Voters of All 50 States and 1 Territory submitted. |
Amicus brief of Former Attorneys General Edwin Meese III, Michael B. Mukasey and William P. Barr; Law Professors Steven Calabresi and Gary Lawson; Citizens United and Citizens United Foundation submitted. |
Brief of Donald J. Trump submitted. |
Amicus brief of Brennan Center for Justice, Protect Democracy, Campaign Legal Center, League of Women Voters submitted. |
Amicus brief of The Secretaries of State of Missouri, Alabama, Arkansas, Idaho, Indiana, Kansas, Montana, Nebraska, Ohio, Tennessee, and West Virginia submitted. |
Amicus brief of Edward B. Foley, Benjamin L. Ginsberg, and Richard L. Hasen submitted. |
Amicus brief of Kansas Republican Party and 32 Other State and Territorial Republican Parties submitted. |
Amicus brief of U.S. Senator Ted Cruz, Majority Leader Steve Scalise, and 177 Other Members of Congress submitted. |
Amicus brief of James Madison Center for Free Speech submitted. |
Amicus brief of Condemned USA submitted. |
Brief amicus curiae of The Association of the Bar of the City of New York in support of neither party filed. (Distributed) |
Amicus brief of The Honorable Peter Meijer submitted. |
Amicus brief of Judicial Watch, Inc. and Allied Educational Foundation submitted. |
Amicus brief of Larry Kidd submitted. |
Amicus brief of Derek T. Muller submitted. |
Amicus brief of Former United States Attorneys submitted. |
Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted. |
Amicus brief of U.S. Term Limits submitted. |
Amicus brief of Republican National Committee and National Republican Congressional Committee submitted. |
Amicus brief of Senator Steve Daines & National Republican Senatorial Committee submitted. |
Amicus brief of The Association of the Bar of the City of New York submitted. |
Amicus brief of Professor James T. Lindgren submitted. |
Amicus brief of Akhil Reed Amar and Vikram David Amar submitted. |
Brief amici curiae of Former Attorneys General Edwin Meese III, et al. filed. (Distributed) |
Brief amicus curiae of Condemned USA filed. (Distributed) |
Brief amici curiae of Kansas Republican Party and 32 Other State and Territorial Republican Parties filed. (Distributed) |
Brief amici curiae of Professors and Legal Scholars in support of neither party filed. (Distributed) |
Brief amicus curiae of Larry Kidd filed. (Distributed) |
Brief amicus curiae of Professor James T. Lindgren filed. (Distributed) |
Brief amicus curiae of Chuck Gray, Secretary of State of Wyoming filed. (Distributed) |
Brief amici curiae of Brennan Center for Justice, et al. in support of neither party filed. (Distributed) |
Brief amici curiae of Edward B. Foley, et al. in support of neither party filed. (Distributed) |
Brief amicus curiae of U.S. Term Limits in support of neither party filed. (Distributed) |
Brief amici curiae of Republican National Committee and National Republican Congressional Committee filed. (Distributed) |
Brief amici curiae of America's Future, et al. filed. (Distributed) |
Brief amici curiae of Gavin M. Wax, et al. filed. (Distributed) |
Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. (Distributed) |
Brief amicus curiae of Michigan Secretary of State Jocelyn Benson in support of neither party filed. (Distributed) |
Brief amicus curiae of Kansas filed. (Distributed) |
Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed. (Distributed) |
Brief of petitioner Donald J. Trump filed. (Distributed) |
Brief amici curiae of The Secretaries of State of Missouri, et al. in support of neither party filed. (Distributed) |
Brief amicus curiae of David Boyle in support of neither party filed. (Distributed) |
Brief amici curiae of U.S. Senator Ted Cruz, Majority Leader Steve Scalise, and 177 Other Members of Congress filed. (Distributed) |
Brief amici curiae of Edward B. Foley, Benjamin L. Ginsberg, and Richard L. Hasen in support of neither party filed. (Distributed) |
Brief amicus curiae of NAACP Legal Defense & Educational Fund in support of neither party filed. (Distributed) |
Brief amici curiae of Terpsehore “Tore” Maras, et al. filed. (Distributed) |
Brief amici curiae of Brennan Center for Justice, Protect Democracy, Campaign Legal Center, League of Women Voters in support of neither party filed. (Distributed) |
Brief amicus curiae of James Madison Center for Free Speech filed. (Distributed) |
Brief amicus curiae of Derek T. Muller in support of neither party filed. (Distributed) |
Brief amici curiae of Former United States Attorneys Robert S. Brewer, et al. filed. (Distributed) |
Brief amicus curiae of The Honorable Peter Meijer filed. (Distributed) |
Brief amici curiae of Indiana, et al. filed. (Distributed) |
Brief amici curiae of Akhil Reed Amar, et al. in support of neither party filed. (Distributed) |
Brief of Colorado Republican State Central Committee submitted. |
Motion for an extension of time to file the joint appendix filed. |
Brief of respondent Colorado Republican State Central Committee in support of reversal filed. (Distributed) |
Amicus brief of The Claremont Institute's Center for Constitutional Jurisprudence submitted. |
Motion of Donald J. Trump for an extension of time submitted. |
Amicus brief of The League for Sportsmen, Law Enforcement and Defense submitted. |
Amicus brief of Devin Watkins and Charles Watkins submitted. |
Amicus brief of Jack Coben submitted. |
Amicus brief of 102 Colorado Registered Electors submitted. |
Amicus brief of Pearl O. Madrial submitted. |
Amicus brief of Children's Rights Legal Scholars and Advocates submitted. |
Brief amici curiae of Children's Rights Legal Scholars and Advocates in support of neither party filed. (Distributed) |
Brief amici curiae of Devin Watkins and Charles Watkins filed. (Distributed) |
Brief amici curiae of 102 Colorado Registered Electors filed. (Distributed) |
Brief amicus curiae of Jack Coben in support of neither party filed. (Distributed) |
Brief amicus curiae of The Claremont Institute's Center for Constitutional Jurisprudence filed. (Distributed) |
Brief amicus curiae of Pearl O. Madrial filed. (Distributed) |
Brief amicus curiae of The League for Sportsmen, Law Enforcement and Defense filed. (Distributed) |
Amicus brief of Ryan Binkley, Binkley for President 2024, Wisconsin Voter Alliance, Pure Integrity Michigan Elections, and Michigan Fair Elections submitted. |
Amicus brief of Public Interest Legal Foundation and Hans von Spakovsky submitted. |
Amicus brief of Professor Kurt T. Lash submitted. |
Amicus brief of William Jones submitted. |
Brief amicus curiae of William Jones filed. (Distributed) |
Record received electronically from the Denver District Court and available with the Clerk. |
Brief amicus curiae of Professor Kurt T. Lash filed. (Distributed) |
Brief amici curiae of Ryan Binkley, Binkley for President 2024, et al. in support of neither party filed. (Distributed) |
Brief amici curiae of Public Interest Legal Foundation, et al. filed. (Distributed) |
Amicus brief of David E. Weisberg submitted. |
Brief amicus curiae of David E. Weisberg filed. (Distributed) |
Any motion pertaining to the oral argument in this case shall be filed on or before Monday, January 29, 2024. |
Record requested from the Denver District Court. |
Amicus brief of Vivek Ramaswamy submitted. |
Amicus brief of Landmark Legal Foundation submitted. |
Motion of Chris Sevier for leave to intervene filed. |
CIRCULATED |
Brief amicus curiae of Landmark Legal Foundation filed. (Distributed) |
Brief amicus curiae of Vivek Ramaswamy filed. (Distributed) |
Motion for leave to intervene filed by Chris Sevier. |
Amicus brief of Professor Seth Barrett Tillman submitted. |
Brief amicus curiae of Professor Seth Barrett Tillman filed. (Distributed) |
Record received electronically from the Supreme Court of Colorado and available with the Clerk. |
Record requested from the Supreme Court of Colorado. |
Brief amici curiae of Indiana, West Virginia, 25 Other States, and the Arizona Legislature filed. |
Petition GRANTED. The case is set for oral argument on Thursday, February 8, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Thursday, January 18, 2024. Respondents’ briefs on the merits, and any amicus curiae briefs in support, are to be filed on or before Wednesday, January 31, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, February 5 2024. |
Brief amici curiae of Republican National Committee and National Republican Congressional Committee filed. |
Letter from counsel for respondent Colorado Republican State Central Committee filed. |
Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed. |
Petition for a writ of certiorari filed. (Response due February 5, 2024) |
Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED. |