Court of Claims Judge James Redford rejected arguments that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol meant the court had to declare him ineligible for the presidency.

Redford wrote that he cannot remove the former president because Trump followed state law in qualifying for the primary ballot. Additionally, the judge said, it should be up to Congress to decide whether Trump is disqualified under a section of the U.S. Constitution’s 14th Amendment that bars from office a person who “engaged in insurrection.”

“The judicial action of removing a candidate from the presidential ballot and prohibiting them from running essentially strips Congress of its ability to ‘by a vote of two-thirds of each House, remove such a disability,’” Redford wrote.