The Supreme Court ruled unanimously on Monday that former President Donald Trump should remain on state primary ballots, although a minority of the justices said the majority’s finding undercuts a provision of the Constitution meant to keep insurrectionists away from higher office.

Criticizing the part of the majority opinion that said a disqualification due to insurrection can only occur in cases in which Congress enacts a particular type of legislation, Democratic-appointed Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson said their view is that their Republican-appointed counterparts formed limits to what “the men who drafted and ratified the Fourteenth Amendment” sought out to do.