https://www.npr.org/2024/02/08/1229176555/supreme-court-trump-colorado-ballot
The dispute comes from Colorado — but it could have national implications for Trump and his political fate.
From what I can find the lower court rulings had 3 points of order:
1: Whether trump engaged in inurection - CO says yes he did.
2: Whether the insurrection clause applies to the office of the President- CO says it does.
3: If 1 and 2 apply then Trump is ineligible to be on the primary ballot.
The supreme Court is not obligated to comment on each point. They could come back and say 'We are not ruling on points 1 and 2 but we will over turn point 3as an ineligible person is still allowed on a primary ballot since a primary doesn't elect them president.'
This would leave CO in a spot where they could still attempt to keep him off the general ballot but the appeal on 1 and 2 would still be unsettled.
Am I missing something?
Listening to the arguments, it sounds like they basically conceded point 1. There was some semantic arguing over point 2, but nothing serious.
The real arguments were on point 3. I think that the court is going to find that states don't have the ability to keep a candidate for a federal election off the ballot. If someone is elected to a federal office and is ineligible to hold said office, it will be up to Congress to do something. Basically, it sounds to me like they're punting and then hoping they don't have to address this again in November.
So by overturning 3, he's not allowed to be president unless he wins AND congress allows it by 2/3 vote?
If congress doesn't vote 2/3rd to allow it, then he becomes disqualified and Biden wins?
That's what could be argued. So on January 6, 2025 when Congress meets to certify the election, they could refuse to if Trump won, because he's not eligible. It would be the ultimate irony.