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 September 2, 2023

Federal judge throws out lawsuit seeking to bar Donald Trump from Florida ballot

A federal district court judge threw out a lawsuit that sought to bar former President Donald Trump from the ballot in Florida, Breitbart reported. The plaintiffs claimed Trump's involvement in the Jan. 6, 2021, demonstration disqualified him from running under the Fourteenth Amendment.  

Section 3 of the amendment states that anyone who has "engaged in insurrection or rebellion against" the United States cannot hold high office. The legal action was filed by Florida lawyer Lawrence Caplan and two others.

However, Judge Robin Rosenberg ruled Thursday to dismiss the lawsuit on the grounds that the plaintiffs had no standing. Rosenberg, who was appointed by former president Barack Obama, said that there was no "cognizable" harm done that would give them the right to proceed.

The judge also noted that "an individual citizen does not have standing to challenge whether another individual is qualified to hold public office," she added. Rosenberg said there was precedent for her decision from other cases against Trump's candidacy based on Jan. 6.

It's clear the drumbeat to disqualify Trump began long ago. Several activists have angled to remove Trump's name from ballots in their states in one way or another.

Michael Stokes Paulsen and William Baude, legal experts, and Robert Reich, a former labor secretary for the Clinton administration, said as much in an article for the University of Pennsylvania Law Review. They argued that the Fourteenth Amendment could prevent former President Donald Trump and others who purportedly tried to overthrow the 2020 presidential election from holding office.

A piece in The Atlantic penned by legal scholars Laurence H. Tribe and J. Michael Luttig similarly attempted to foil Trump's candidacy, this time due to his facing four indictments. One of those includes a case in Fulton County, Georgia, alleging that Trump was attempting to overturn the 2020 presidential election results.

However, attempts to compel secretaries of state to bar Trump from the 2024 presidential election have so far failed. New Hampshire Secretary of State David Scanlan was forced to dispel rumors that he was attempting to remove Trump from the GOP ticket.

Turning Point USA president Charlie Kirk had implored supporters to contact Scanlan's office to prevent him from doing this to the former president. However, the New Hampshire Republican publicly stated he was "not seeking to remove any names" from the primary ballot.

In Arizona, Democratic Secretary of State Adrian Fontes reluctantly admitted that his state laws prevented him from removing Trump. "Now, the Arizona Supreme Court said that because there's no statutory process in federal law to enforce Section 3 of the 14th amendment, you can't enforce it," Fontes said.

"That's what the Arizona Supreme Court said, so that's the state of the law in Arizona. Now, do I agree with that? No, that's stupid," Fontes claimed.

"What I'm saying is I'm going to follow the law. And the law in Arizona is what the law in Arizona is. Whether I like it or not, is irrelevant," he added.

Trump is enduringly popular in the Republican Party, and the left is scared to death of that fact. Despite his time in office, he is still seen as an outsider who can rally ordinary people in a way no other lifelong politician can.

Democrats will do whatever it takes to stop Trump, whether indicting him with little evidence or trying to keep him off the ballot. So far, he's won the battles to stay on the ballot, but the left will continue to wage the war against him undeterred.

Written By:
Christine Favocci

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