A federal judge in Virginia on Friday dismissed a lawsuit seeking to remove former President Donald Trump from the state’s 2024 primary ballot citing the rebellion clause of the Constitution’s 14th Amendment.
The complaint, filed by activists Roy Perry-Bey and Carlos Howard, alleges Trump is “engaged in rebellion or insurrection” against the US and should therefore be disqualified from seeking office.
Judge Leonie Brinkema of the Eastern District of Virginia, appointed by former President Bill Clinton, found that the plaintiffs lacked standing to sue to remove Trump, 77, from the state’s primary ballot.
“At least five additional federal courts have concluded that citizens seeking to disqualify individuals — including former President Trump — from participating in elections or from holding public office based on the January 6, 2021 attack on the United States Capitol lack standing,” wrote Brinkema in his 13-page ruling.
“Plaintiffs have completely failed to show how their alleged injuries can be traced to the defendant’s conduct,” the judge added.
Judge Leonie Brinkema found that the plaintiffs lacked standing to sue to remove Trump from the state’s primary ballot because of his role in the “January 6, 2021 attack on the United States Capitol.” AP
Brinkema also noted that the complaint’s reliance on decisions in Colorado and Maine to keep Trump off the ballot is misplaced.
“Plaintiffs’ attempts to reach a result similar to that in Colorado cannot prevail in this Court because of the nature of their direct federal constitutional claims and because of the constraints imposed by Article III that limit the jurisdiction of federal courts,” he wrote.
Earlier this month, the Colorado Supreme Court ruled that Trump was ineligible to appear on the state’s primary ballot based on Section Thirteen of the Fourteenth Amendment.
On Thursday, Democratic Secretary of State Shenna Bellows also disqualified Trump from the 2024 state ballot, citing Section Three of the Fourteenth Amendment.
Trump is expected to appeal both decisions.
The rarely used rebellion clause was included in the post-Civil War 14th Amendment as a way to prevent former Confederate officers from becoming elected officials and taking over the state and federal governments.
The Trump campaign celebrated Friday’s results.
“President Trump remains undefeated in his challenge to the 14th Amendment vote in federal court with today’s ruling in the Eastern District of Virginia,” Trump campaign spokesman Steven Cheung said in a statement.
“So far, federal courts in West Virginia, New Hampshire, Florida, Arizona, and Rhode Island, as well as state courts in Michigan and Minnesota have rejected this malicious, politically motivated attempt to steal the 2024 election by disqualifying President Trump from the ballot, ” he added.
Earlier this month, the Colorado Supreme Court ruled that Trump was ineligible to appear on the state’s primary ballot based on Section Thirteen of the Fourteenth Amendment. Reuters
Cheung accused Democrats of launching “a multi-pronged legal campaign to disenfranchise tens of millions of American voters and meddle in elections” because of the former president’s lead in several GOP primary and general elections.
“President Trump will ultimately win in this unconstitutional attempt to steal the election and Make America Great Again,” his statement said.
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Source: thtrangdai.edu.vn/en/
