Supreme Court ruling keeps Donald Trump on Illinois ballot

The U.S. Supreme Court on Monday reversed Colorado Supreme Court’s decision to knock Trump from that state’s ballot.

Republican presidential candidate former President Donald Trump arrives at a campaign rally, March 2, 2024, in Greensboro, N.C. The Supreme Court has restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot. The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.
Republican presidential candidate former President Donald Trump arrives at a campaign rally, March 2, 2024, in Greensboro, N.C. The Supreme Court has restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot. The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. Chris Carlson / Associated Press
Republican presidential candidate former President Donald Trump arrives at a campaign rally, March 2, 2024, in Greensboro, N.C. The Supreme Court has restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot. The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.
Republican presidential candidate former President Donald Trump arrives at a campaign rally, March 2, 2024, in Greensboro, N.C. The Supreme Court has restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot. The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. Chris Carlson / Associated Press

Supreme Court ruling keeps Donald Trump on Illinois ballot

The U.S. Supreme Court on Monday reversed Colorado Supreme Court’s decision to knock Trump from that state’s ballot.

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The U.S. Supreme Court’s reversal Monday of a Colorado Supreme Court decision knocking former President Donald Trump off the ballot puts a similar Illinois ruling in a legal deep freeze.

Cook County Circuit Judge Tracie Porter relied heavily on that Colorado decision in agreeing Wednesday that Trump should be removed from Illinois’ ballot.

Now the very decision she hung her hat on has been undone by the Supreme Court, and Trump has been restored to the ballot.

The highly anticipated, unanimous ruling from the nation’s high court appears to end the effort by a group of five Illinois voters and a national voting-rights organization to scuttle Trump’s candidacy based on his efforts to overturn the 2020 presidential election.

The Supreme Court ruled that Congress is responsible for enforcing the 14th Amendment against candidates for federal office — not states like Colorado or Illinois.

Last week, Porter made Illinois the third state to block Trump from the ballot based on a provision in the 14th Amendment barring individuals who engaged in an insurrection from later seeking public office.

The group that challenged Trump in Illinois reacted angrily to the court’s ruling, which it called a “mockery.”

“This decision is disgraceful,” said Ron Fein, legal director of Free Speech For People, which co-led the Illinois challenge. “The Supreme Court couldn’t exonerate Trump because the evidence of his guilt was overwhelming, so instead the Justices neutered our Constitution’s built-in defense against insurrectionists and said the facts don’t matter.”

Another lawyer in the case called the ruling alarming.

“The Supreme Court has spoken on constitutional procedure, but its decision does not address or override the clear facts: Donald Trump supported and incited the January 6th attack on the Capitol. He should not be president,” said Caryn Lederer, of the Hughes Socol Piers Resnick & Dym law firm, which also was involved in the Illinois challenge. “This must ring like an alarm to voters. Donald Trump tried to overthrow our democracy. He cannot lead it.”

Meanwhile, Democratic Gov. JB Pritzker, one of President Biden’s top re-election campaign surrogates, said a Supreme Court decision in favor of Trump should not be interpreted as a political loss to Democrats.

“We want him on the ballot, frankly, because he’s a detriment to Republicans across the United States but especially in Illinois,” Pritzker said Sunday on MSNBC.

Porter made clear last week that any Supreme Court ruling “inconsistent” with hers — ordering Trump off Illinois’ ballot — would keep her ruling on hold.

However, her order never actually went into effect. She also agreed to keep things on hold while Trump’s lawyers pursued an appeal. So there have been no changes at the ballot box in Illinois.

Still, attorneys for the five voters who objected to Trump’s candidacy here have been adamant that the Supreme Court’s ruling — not matter how it turned out — would not render their case irrelevant.

They’ve insisted there are still disputes over Illinois law that will keep it alive, possibly until it reaches the Illinois Supreme Court.

For now, the case is in the hands of the First District Appellate Court.

Porter last week found that Trump failed to qualify for the presidency under the 14th Amendment “based on engaging in insurrection on Jan. 6, 2021.”

The 14th Amendment bars from “any office, civil or military, under the United States” anyone who previously took an oath as an “officer of the United States” to support the Constitution but then engaged in “insurrection or rebellion.”

Trump’s lawyers argued to the Supreme Court the amendment doesn’t apply because the president is not an “officer of the United States” under the Constitution and because he did not engage in “anything that qualifies as ‘insurrection.’”

Jon Seidel covers federal courts for the Chicago Sun-Times, and Dave McKinney covers Illinois politics for WBEZ.