A federal judge ruled against an effort to keep former President Donald Trump off the ballot on 14th Amendment grounds this week. The win for the former president’s 2024 campaign may temper further efforts to deem him ineligible from running for office.
Judge Robin Rosenberg ruled against a plaintiff arguing that Trump was ineligible due to the 14th Amendment’s clause that those who “engaged in insurrection or rebellion” against the United States could not hold a position of public trust.
The decision by the judge appointed by former President Barack Obama sets back the effort advocated for by a number of activists. Rosenberg said that the plaintiffs did not have standing to bring the suit against the former president’s campaign.
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Dershowitz contests the push to use the 14th Amendment to bar Trump from future ballots, calling it a misinterpretation and unconstitutional.
“… the 14th amendment was… pic.twitter.com/o9Z7zarPIf
— UngaTheGreat (@UngaTheGreat) September 2, 2023
“Plaintiffs lack standing to challenge Defendant’s qualifications for seeking the Presidency,” the judge wrote in his ruling. He deemed that the Jan. 6, 2021 protests did not grant the plaintiffs the ability to bring such a case against Trump, adding that “an individual citizen does not have standing to challenge whether another individual is qualified to hold public office.”
The Trump team’s victory in federal court also comes as the secretaries of state of both New Hampshire and Arizona stated that they would not proceed with efforts to block Trump’s ballot access.
In New Hampshire, Secretary of State David Scanlan (R) said that he was “not seeking to remove any names” from the ballot. Scanlon clarified his position after being approached by a former U.S. Senate candidate to consider utilizing the 14th Amendment in such a way.
The secretary of state previously said that he would seek “appropriate legal input” regarding whether or not the former president was eligible for the ballot.
Furthermore, Arizona Secretary of State Adrian Fontes (D) said that he would not pursue an effort to block Trump’s ballot access, either. He said that Arizona state law prevents such an attempt.
He cited an Arizona state Supreme Court case that found against the removal of candidates under state law.