At least a few of the Several States, all run by political partisans exercising political will, attempted to keep a candidate for the office of President from appearing on an opposing (private) party primary ballot. The candidate, Donald Trump, asked the Supreme Court to review Colorado’s effort, and they have.
The question put before them was simple. “We granted former President Trump’s petition for certiorari, which raised a single question: “Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?”
The US Supreme Court replied with, ‘It did err.’
Without getting into the weeds,
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. …
Because federal officers “‘owe their existence and functions to the united voice of the whole, not of a portion, of the people,’” powers over their election and qualifications must be specifically “delegated to, rather than reserved by, the States.”
This 9-0 decision explores the thinking on both sides, so it is worth a read, including the separate opinions, but the gist is that according to the Supreme’s the states can’t do what Colorado tried to do. The Constitution does not grant them that authority.
DONALD J. TRUMP, PETITIONER v. Colorado ballot thing