Thompson v. Trump

Supreme Court of the United States · 2024 · Constitutional Law

601 U.S. 100

Updated July 31, 2026

conlawFourteenth AmendmentSection 3federalismpresidential electionsCongressional enforcementSection 5federal offices

Facts

Six Colorado voters alleged that after losing the 2020 presidential election, former President Trump intentionally organized and incited the crowd that breached the Capitol on January 6, 2021, and thus became disqualified under Section 3 of the Fourteenth Amendment. They argued that Colorado law therefore barred placing him on the Republican presidential primary ballot. The state district court found that Trump had engaged in insurrection but denied relief because it concluded Section 3 did not apply to the Presidency. The Colorado Supreme Court reversed on that point and ordered Trump excluded from the ballot and write-in votes for him not counted.

Issue

May a State enforce Section 3 of the Fourteenth Amendment against a candidate for federal office, specifically a candidate for President, by excluding that candidate from the ballot? More broadly, does the Constitution make the States or Congress responsible for enforcing Section 3 against federal officeholders and candidates?

Rule

The Constitution makes Congress, rather than the States, responsible for enforcing Section 3 of the Fourteenth Amendment against federal officeholders and candidates. States may disqualify persons holding or seeking state office, but they have no constitutional power to enforce Section 3 with respect to federal offices, especially the Presidency.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Ohio, the state elections commission concludes after an administrative hearing that Marcus Hale, a candidate for the U.S. Senate, previously took a federal oath and later engaged in insurrection. Relying on a state ballot-access statute, the commission orders his name removed from the general-election ballot.

Is the commission's order most likely constitutional?

Explanation. The majority held that responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress, not the States. Although States regulate election mechanics, nothing in the Constitution delegates to them power to enforce Section 3 against federal offices. That rule applies beyond the Presidency to federal candidates generally. (Derived from Thompson v. Trump (n.d.).)