4th Circuit Revives 14th Based Challenges.

Lost_in_the_HTTP

Diamond Member
Nov 17, 2019
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Starting a new thread because it may affect several candidates in different states.



WASHINGTON (Reuters) - A U.S. appeals court on Tuesday issued a decision that could bolster efforts to disqualify members of Congress on the grounds that they voiced support for the Jan. 6, 2021, attack on the Capitol, saying a 150-year-old law does not shield lawmakers from such challenges.

In a written ruling, the 4th U.S. Circuit Court of Appeals revived a lawsuit alleging U.S. Representative Madison Cawthorn is unfit for federal office.

The ruling will likely have little to no impact on Cawthorn because last week he lost his re-election bid in North Carolina's Republican primary, but the decision is likely to be cited as an important precedent in future challenges.


 

Ken g6

Programming Moderator, Elite Member
Moderator
Dec 11, 1999
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Wikipedia describes how this could also apply to Trump.

The Section 3 disqualification could be imposed by Congress passing a law or a nonbinding resolution stating that the January 6 riot was an insurrection, and that anyone who swore to uphold the Constitution and who incited or participated in the riot is disqualified under Section 3.[192] Some legal experts believe a court would then be required to make a final determination that Trump was disqualified under Section 3.[193] A state may also make a determination that Trump is disqualified under Section 3 from appearing on that state's ballot.[194] Trump could appeal in court any disqualification by Congress or by a state.[199] In addition to state or federal legislative action, a court action could be brought against Trump seeking his disqualification under Section 3.[198]
 

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