Spokane judge dismisses lawsuit attempting to remove Trump from Washington's 2024 ballot
On Wednesday, an Eastern Washington District Court judge dismissed a lawsuit filed by a Spokane Valley resident that attempted to disqualify former President Donald Trump from running for president in 2024 because of his participation in the Jan. 6 attack on the U.S. Capitol.
The lawsuit's argument was based on Section 3 of the 14th Amendment, which says someone can't hold office if they have previously "engaged in insurrection or rebellion" as an elected official.
Section 3 of the 14th Amendment is designed to safeguard democracy by preventing insurrectionists during a different time in America [Civil War] from holding office. Most scholars agree that disqualifying Trump's candidacy would potentially incite violence or unjustly disenfranchise voters. Scholars and lawyers also note that Trump, while being sworn in as President, did not swear an oath to "support" the Constitution but rather to "preserve, protect and defend" it - A distinction found in Article II which suggests that the founding fathers intended for a more stringent criteria when it comes to barring presidents from office.
Furthermore, Section 3 specifically refers to prohibiting individuals from offices they currently occupy, not future electoral bids. This means that while debates continue about barring Trump from another presidential term, the language does not explicitly prevent him from running for president again. This significantly undermines any legal argument against Trump's potential campaign under Section 3, regardless of its controversy.
Bullish
