The US Supreme Court has overturned a decision of the Colorado Supreme Court to exclude former president Donald Trump from the ballot for the Republican Party primary in the state.

The highest US court said that the US Congress, rather than individual states, was responsible for enforcing the relevant section of the US Constitution.

The case centred on section 3 of the 14th amendment to the US Constitution, which prohibits individuals that have engaged in “insurrection”, having previously taken an oath to support the Constitution, from holding certain offices.

Stay on ruling

A stay on the ruling had been put in place pending an appeal.

The original case had been taken by a group of Colorado voters, who had argued that Trump had taken part in insurrection on 6 January 2021, when the Capitol building was stormed.

“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,” the judges stated.