Colorado has barred Trump from the Republican primary ballot because he is an insurrectionist, but the Colorado Supreme Court has stayed that order pending an expected appeal (which was done the next business day) to the U. S. Supreme Court. The order thus remains stayed until SCOTUS rules on the issue.
Maine's Secretary of State has ruled, following an inquiry or inquest, that Trump is an insurrectionist and is thus barred from appearing on the ballot. That order was also stayed pending an expected appeal to the Supreme Court, which appeal was timely filed. That order, similarly, remains stayed until SCOTUS rules on the issue.
Both states took their respective actions because of a belief that "section 3 is self-enforcing". Really?
Well, really, no. They should have kept reading. Had they done so, they would have read down to section 5 where it says:
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.That is: section 3 is not self-enforcing. Enforcement is up to Congress, not States, and there is presently no appropriate legislation produced by Congress.
SCOTUS will, if they aren't fatally compromised, deliver a 9-0 ruling that neither Colorado nor Maine nor any other State may usurp power delegated to Congress and to none other.
A slam dunk, as Alina Habba opined.
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Update (3-4-24): The Supreme Court today ruled 9-0 that states do not have the power to enforce Section 3 absent action by Congress via Section 5.
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