The Supreme Court on Monday rejected a case challenging former President Donald Trump’s eligibility to appear on the 2024 ballot due to his alleged role in the Jan. 6, 2021, riot at the U.S. Capitol.
The risky attempt to block Trump, 77, from running for public office cites the “Disqualification Clause” of the 14th Amendment, which bars anyone who has “engaged in an insurrection or rebellion” against the Constitution from holding office. federal or state.
The Supreme Court refused to hear the lawsuit filed by Republican presidential candidate John Castro in an unsigned order.
Castro’s lawsuit was previously dismissed by a federal judge in June, who argued that Castro failed to prove legal harm.
“The fight is far from over,” Castro tweeted on Monday. “We are going to get the liberal Ninth Circuit to remove Trump from the ballot in Montana, Idaho, Nevada and Arizona. Coupled with the 1st Circuit kicking it off the Maine ballot, there is ZERO path to 270.”
The “Disqualification Clause” of the 14th Amendment prohibits anyone who has “engaged in an insurrection or rebellion” against the Constitution from holding federal or state office.Steven Hirsch
Castro has filed lawsuits to keep Trump out of the polls in several states and said he will not be deterred despite the high court’s decision.
“The Supreme Court can refuse to hear the case, but the appeals courts cannot. “I am still looking for decisions in the liberal appeals courts and there is a full trial scheduled for October 20 in New Hampshire and a trial in Arizona on October 31,” she tweeted.
The rarely used Disqualification Clause was included in the post-Civil War 14th Amendment as a means to prevent former Confederate officials from becoming elected officials and assuming control of state and federal governments.
A federal judge dismissed Castro’s case, arguing that he failed to prove legal prejudice.Facebook / John Anthony Castro
Several liberal nonprofit groups have filed lawsuits citing the 14th Amendment in an effort to keep Trump out of the polls in 2024.
Citizens for Responsibility and Ethics in Washington filed a complaint last month on behalf of six Republican and unaffiliated Colorado voters seeking to exclude Trump from the 2024 Colorado primary ballot for his alleged role in “recruiting, inciting and encouraging to a violent mob who attacked the Capitol on January 6, 2021 in a futile attempt to remain in office,” according to the group.
The group Free Speech For People has also filed 14th Amendment challenges to Trump’s eligibility for office in state courts in Minnesota and Michigan (and plans to file additional challenges in several states).
“This ruling, based on the limited jurisdiction of the federal courts, has no impact on Trump’s eligibility for office or on free speech challenges for individuals under state candidate eligibility challenge processes designed to this purpose,” the group said in a published statement. after the Supreme Court refused to hear Castro’s case.
Several groups have filed lawsuits to prevent Trump from participating in the 2024 ballot. Getty Images
Some legal experts do not believe a 14th Amendment case against Trump, the front-runner in the 2024 Republican primary, will hold up in court.
“The amendment was written to address those participating in an actual rebellion that causes hundreds of thousands of deaths,” Jonathan Turley, a law professor at George Washington University, said last month.
“Advocates would expand the reference to ‘insurrection or rebellion’ to include unsubstantiated claims and challenges related to voter fraud.”
Turley added that he finds the Disqualification Clause theory “not only dubious but dangerous.”
“According to these advocates, Trump can be excluded from the election without any charge, much less a conviction, of insurrection or rebellion,” he argued.
Categories: Trending
Source: vtt.edu.vn