The Supreme Court on Monday dismissed a case challenging former President Donald Trump’s eligibility to appear on the 2024 election ballot because of his alleged role in the January 6, 2021 riots at the US Capitol.
The long-running bid to bar Trump, 77, from running for office cites the 14th Amendment’s “Disqualification Clause,” which bars any person who has “engaged in rebellion or sedition” against the Constitution from holding federal or state office.
The Supreme Court refused to hear the lawsuit filed by John Castro – the Republican presidential candidate – in an unsigned order.
Castro’s lawsuit was previously dismissed by a federal judge in June, who argued that Castro failed to show a legal injury.
“The fight is not over yet,” Castro tweeted Monday. “We’re going to get the liberal 9th Circuit to kick Trump off the ballot in Montana, Idaho, Nevada and Arizona. Coupled with the First Circuit kicking him off the Maine ballot, there is ZERO path to 270.”
The 14th Amendment’s “Disqualification Clause” prohibits any person “engaged in rebellion or sedition” against the Constitution from holding federal or state office.Steven Hirsch
Castro has filed suit to prevent Trump from voting in various states, and says he will not be deterred despite the high court’s decision.
“The Supreme Court can refuse to hear the case but the appellate court cannot. I am still pursuing the decision in the liberal appeals court and there is a full hearing scheduled for October 20th in New Hampshire and a bench trial in Arizona on October 31st,” he tweeted.
The rarely used Disqualification 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.
A federal judge dismissed Castro’s case, arguing that he failed to show a legal injury. Facebook / John Anthony Castro
Several liberal nonprofit groups have filed suit citing the 14th Amendment in an effort to prevent Trump from voting in 2024.
Citizens for Responsibility and Ethics in Washington filed a complaint last month on behalf of six Republican and unrelated Colorado voters seeking to bar Trump from the 2024 Colorado primary ballot for his alleged role in “recruiting, inciting and encouraging the violent mob that attacked the Capitol on January 6, 2021 in an attempt futile to remain in office,” according to the group.
The group Free Speech For People has also filed 14th Amendment challenges to Trump’s eligibility to hold office in state courts in Minnesota and Michigan (and plans to file additional challenges in several states).
“This decision, based on the limited jurisdiction of the federal courts, has no impact whatsoever on Trump’s eligibility for office or the Free Speech For People challenge under the state candidate eligibility challenge process designed for this purpose,” the group said in a statement. issued. after the Supreme Court refused to hear Castro’s case.
Several groups have filed suit to keep Trump off the 2024 ballot. Getty Images
Some legal experts do not believe that the 14th Amendment case against Trump, the 2024 GOP front-runner, will hold up in court.
“The amendment was written to address those who were involved in actual rebellions that caused hundreds of thousands of deaths,” George Washington University law professor Jonathan Turley said last month.
“Defense counsel will extend the reference to ‘insurrection or insurrection’ to include unsupported claims and challenges involving electoral fraud.”
Turley added that he sees the Disqualification Clause theory as “not just dubious but dangerous.”
“According to these supporters, Trump can be barred from the polls without any charges, let alone convictions, rebellion or insurrection,” he argued.
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Source: thtrangdai.edu.vn/en/
