#14thamendmentsec3 — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #14thamendmentsec3, aggregated by home.social.
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Will Trump be on the ballot?
The Colorado state supreme court ruled that the 14th amendment section 3 bars Trump from the ballot.
Former state supreme court justices from California, Florida, Massachusetts, Minnesota, Montana, and North Carolina file a brief urging the U.S. supreme court to affirm that decision.
#14thAmendmentSec3 #14thAmendmentLawsuit #AndersonVGriswold -
The Colorado State Supreme Court ruled that Trump is not eligible to be on the ballot. Trump appealed to the U.S. Supreme Court and that court will hear oral argument February 8.
The parties that filed the lawsuit seeking to have Trump declared ineligible have now filed their brief with the U.S. Supreme Court.
Open brief (pdf):
https://www.supremecourt.gov/DocketPDF/23/23-719/298854/20240126115645084_23-719%20Anderson%20Respondents%20Merits%20Brief.pdfI just read it and while I am not an attorney this sure seems like strong and well-presented work. Hard to see how the U.S. Supreme Court can wiggle out of this and let Trump be on the ballot.
#14thAmendmentSec3 #14thAmendmentLawsuit #AndersonVGriswold -
Maine’s secretary of state is poised to issue a decision next week that could bolster a citizen-led movement to keep former President Donald J. Trump off primary ballots around the country — or contradict a landmark court decision in Colorado this week.
In a hearing last week at Maine’s State House in Augusta, Shenna Bellows, the secretary of state, weighed three separate complaints challenging Mr. Trump’s eligibility to appear on the state’s Republican primary ballot.
Two are based on the same section of the Constitution that the Colorado Supreme Court cited in its 4-to-3 decision on Tuesday that found Mr. Trump cannot hold office again because his actions leading up to the Jan. 6, 2021, attack on the Capitol amounted to engaging in an insurrection.
Some form of challenge to Mr. Trump’s eligibility has been lodged in more than 30 states, but many of those have already been dismissed.
Most are unfolding in the courts, but in Maine — because of a quirk in its Constitution — the secretary of state weighs in first, with voters filing petitions, not lawsuits.
Her decision can then be appealed to the state’s Superior Court.The Colorado ruling was the first in history to disqualify a presidential candidate from a ballot under the 14th Amendment, which was drafted after the Civil War.
One section of the amendment bars those who have taken an oath “to support” the Constitution from holding office if they “engaged in insurrection or rebellion against the same,” or had “given aid or comfort to the enemies thereof.”#maine #14thAmendmentSec3
https://www.nytimes.com/2023/12/22/us/maine-trump-ballot.html?smid=nytcore-ios-share&referringSource=articleShare -
Here is the order from the Colorado State Supreme Court agreeing to decide whether Trump will be on the ballot in that state. Trump’s main brief is due Monday Nov.27. Oral argument is December 6.
https://www.courts.state.co.us/userfiles/file/Court_Probation/01st_Judicial_District/2023SA300%20ORDER%20OF%20COURT.pdfHere is Trump’s statement of appeal. CO supreme court *denied* the request to exceed the word count limit.
https://s3.documentcloud.org/documents/24173107/trump-app-for-extended-review.pdfAnd here is the plaintiff’s brief telling a compelling story that the President is an “officer of the United States” as that phrase is used in the #14thAmendment section 3.
** I encourage you to read this. **
https://s3.documentcloud.org/documents/24173097/20231120-final-co-sct-opening-petr-brief_redacted.pdf -
The Colorado lawsuit seeking to keep Trump off the ballot based on the #14thAmendment section 3 has been appealed to the Colorado State Supreme Court.
Link to plaintiff’s appeal brief:
https://s3.documentcloud.org/documents/24173097/20231120-final-co-sct-opening-petr-brief_redacted.pdfIn part, the brief argues that it would be absurd to allow Trump, who engaged in an insurrection, to remain on the ballot. #14thAmendmentSec3 #14thAmendmentLawsuit
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The full Colorado State Supreme Court has denied an attempt by Trump to delay the trial set to start October 30. The main issue for trial is whether #Amendment14 Section 3 bars Trump from the ballot. #14thAmendmentSec3 #14thAmendmentLawsuit
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In the next few days there will be two trials seeking to keep Trump off the ballot based on the #14thAmendment section 3 and the events of January 6th. #14thAmendmentSec3 #14thAmendmentLawsuit
Oct 30 before State of Colorado District Court Judge.
Colorado Docket with links to filings:
https://www.courts.state.co.us/Courts/District/Case_Details.cfm?Case_ID=5240On November 2 there will be oral argument before the full Minnesota State Supreme Court. The defendant is the Minnesota Secretary of State. Trump’s campaign failed to follow the correct process to intervene as a party, however, is allowed to file a limited amicus brief and give oral argument.
Minnesota Docket with links to filings (search on case A23-1354):
https://macsnc.courts.state.mn.us/ctrack/publicLogin.jsp -
Colorado state court judge will decide if #14thAmendment section 3 bars Trump from the ballot in that state . Trial starts October 30 and expected to last 5 days. Judge has already denied most of Trump’s motions to dismiss.
#14thAmendmentSec3 #14thAmendmentLawsuitNon-exclusive list of issues for trial:
https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/Cases%20of%20Interest/10_18_2023%20Topics%20for%20the%20October%2030%2C%202023%20Hearing.pdfColorado state court docket with links to filings:
https://www.courts.state.co.us/Courts/District/Case_Details.cfm?Case_ID=5240 -
Need cheering up?
Colorado judge dismisses Trump’s claim that his January 6th comments are protected by free speech. Trial will start October 30 to determine if #14thAmendment section 3 bars Trump from office. #14thAmendmentSec3 #14thAmendmentLawsuit
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In depth article by @Brandi_Buchman on two lawsuits seeking to bar Trump from the ballot based on the #14thAmendment section 3.
#14thAmendmentSec3 #14thAmendmentLawsuitNo paywall.
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*Two* different ways that the #14thAmendment bars a person from being President. See the screenshot below with my highlighting.
If Trump gave “aid or comfort to the enemies thereof” then he is not eligible to be president. It is not necessary to prove that Trump engaged in insurrection.
I suspect the “aid or comfort” criteria is a lower bar. Unless you read the complaint in any of the #14thAmendmentSec3 lawsuits you cannot be certain which criteria is being alleged.
#14thAmendmentLawsuit -
Lawsuit seeks to keep Trump off the New Hampshire ballot
Lawsuits says Trump gave "aid or comfort" to Jan 6 insurrections and is therefore barred from office per #14thAmendmentSection3.
#14thAmendmentSec3. #14thAmendmentLawsuit
News story - no paywall
https://www.eagletribune.com/news/lawsuit-seeks-to-keep-trump-off-the-nh-ballot/article_6e064af6-4844-11ee-80a0-37cde61ec581.html -
Odds are increasing that a jury will decide if Trump gave “aid or comfort” to Jan 6 insurrections. If so, he is barred from office per #14thAmendmentSection3.
Attorney John A. Castro is the plaintiff. Florida judge Cannon dismissed the case for lack of standing. Castro appealed to the U.S. Supreme Court. Trump filed a “waiver” of his right to reply to this appeal!!!
🤞 Hoping case is remanded for trial on the merits. #14thAmendmentSec3. #14thAmendmentLawsuit
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-117.html
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This lawsuit could bar Trump from ever holding elected office.
The Constitution’s #14thAmendmentSec3 bars anyone who gave “aid or comfort” to people participating in the January 6th insurrection.
Florida Judge Aileen Cannon dismissed the lawsuit for lack of standing.
The plaintiff, @realJohnACastro, has asked the supreme court to reverse that decision so the case can be decided on the merits.
Amended complaint:
https://mappingsupport.com/political/castro_v_trump_amended_complaint.pdfPetition to supreme court:
https://www.supremecourt.gov/DocketPDF/23/23-117/274783/20230808142352813_20230808-142037-95760458-00000596.pdf