A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist ban.”

The cases are seen as legal long shots. Trump denies wrongdoing and has vowed to fight to remain on the presidential ballot. The new Minnesota lawsuit was filed in state court by Free Speech For People, one week after another group initiated a similar challenge in Colorado.

A post-Civil War provision of the 14th Amendment says any American official who takes an oath to uphold the US Constitution is disqualified from holding future office if they “engaged in insurrection or rebellion” or have “given aid or comfort” to insurrectionists.

However, the Constitution doesn’t spell out how to enforce this ban, and it has been applied only twice since the late 1800s, when it was used against former Confederates.

  • TheDoozer@lemmy.world
    link
    fedilink
    arrow-up
    3
    ·
    1 year ago

    That says that cases have been dismissed due to lack of standing. How does any American not have standing when it is a presidential election we’re talking about? The harm isn’t to Republicans, it’s to Americans.

    • CharlesDarwin@lemmy.world
      link
      fedilink
      English
      arrow-up
      3
      ·
      1 year ago

      Yes, virtually any normal American should have standing here, since what donnie Bin Laden and his collaborators were trying to do was to steal our votes from us.

    • Jordan Lund@lemmy.one
      link
      fedilink
      English
      arrow-up
      2
      ·
      edit-2
      1 year ago

      Dismissal looks like it was in Florida:

      https://www.palmbeachpost.com/story/news/trump/2023/08/31/judge-dismisses-14th-amendment-lawsuit-against-trump-on-florida-ballot/70726059007/

      "Rosenberg ruled that the plaintiffs, Boynton Beach attorney Lawrence Caplan and two others, lacked ‘standing’ to bring the challenge.

      "‘Plaintiffs lack standing to challenge Defendant’s qualifications for seeking the Presidency,’ Rosenberg wrote, adding that ‘the injuries alleged’ from the insurrection on Capitol Hill more than two years ago ‘are not cognizable and not particular to them.’

      Rosenberg also added that ‘an individual citizen does not have standing to challenge whether another individualis qualified to hold public office.’"

      In this guys case, having Trump on the ballot if he’s legit not qualified does damage his own candidacy.