Since the 2020 US Presidential Election shifted into full gear, two states – Colorado and Michigan – have taken a bold step to remove the incumbent President Donald Trump from the ballot. This has stirred a debate on the state’s power bestowed under the 14th Amendment of the US Constitution, and whether the measures first argued by Colorado and Michigan could hold.
In short, the 14th Amendment prevents states from prohibiting people to vote or hold public office based on their race, color, or subjecting citizens to different criminal punishments, civil rights or immunities. With both Colorado and Michigan citing International Election Integrity Laws as their reasoning to eject Trump from its respective ballots, their decisions have raised questions on what power is granted to States under the Amendment.
Eager to have their respective cases move forward, both states have requested the Supreme Court to drop pending 14th Amendment Chamber litigation. In turn, the parties favor an expeditious ruling as they claim wrongs that have been done by the President’s actions. In simpler terms, Colorado and Michigan are looking to establish that their respective right to regulate elections should prevail.
To further clarify, the cases Colorado and Michigan are referring to are Maryland vs Whitcome and Shryock v. Nemith. In Maryland vs Whitcome, the Supreme Court ruled the 14th Amendment did not prevent a State from preventing a citizen from holding office for any other reason. Similarly, in Shryock v. Nemith, the High court concluded that a State could not discriminate against anyone for the office of Governor because of race.
Though the impact 14th Amendment rulings could have on the Colorado-Michigan case remains to be seen, what is important is that any decisions made by the Supreme Court could serve as the foundation for future precedents. Whether it be arguing the removal of Trump from the ballot or any other case, these rulings will become a critical part in upholding the 14th Amendment and the rights of States.
In the end, only time will tell how this narrative will play out. Colorado and Michigan have taken a bold move in opting to remove President Trump from their respective ballots, and have used the 14th Amendment’s protections to help their case. From Maryland vs Whitcome to Shryock vs Nemith, the decisions made by the Supreme Court could not only influence the hearing but also provide guidance on how to govern the Rights of the States from here on out.