Federal judge rejects Trump's ballot disqualification lawsuit

By 
 January 5, 2024

An appeal to remove former president Donald Trump from the Republican primary ballot in California for 2024 was denied on January 3 by a federal judge.

The action can no longer be resubmitted to the same court, since District Judge David Carter ordered its dismissal "with prejudice," as stated in court documents, as The Epoch Times reported.

One plaintiff tried to assert "emotional injury" by the Jan. 6, 2021, breach of the United States Capitol while following the news in various media.

The couple went on to claim "severe emotional distress" as a result of the encounter and sued to remove the former president from the California ballot.

The Rejection

The actions in question transpired "more than two years before the plaintiff" brought suit, according to the judge's ruling, so the statute of limitations had expired.

Former California Republican National Committee Chair Harmeet Dhillon made public the ruling of Judge Carter, a Clinton appointee who had already decided against President Trump in an unrelated matter.

“The remnants of the last California case to keep President Trump off the ballot here were dismissed today by Judge David O. Carter!!” she wrote on X, formerly known as Twitter, on Jan. 3.

A slew of lawsuits intending to prevent President Trump's name from appearing on ballots in the 2024 election have been filed in several states in the past few days and weeks.

A reading of Section 3 of the 14th Amendment, drafted soon after the American Civil War, has been used in these lawsuits to assert that the previous president was involved in "insurrection or rebellion" against the US.

Previous Case Details

A couple of these challenges have been somewhat successful in Maine and Colorado, but there's a lot of talk that higher courts or possibly the US Supreme Court would overturn those decisions.

The decision by Colorado's top court to remove the former president from the state's primary ballot was swiftly challenged to the Supreme Court in the days leading up to Christmas.

A Democrat named Shenna Bellows of Maine made the unilateral decision last week to remove President Trump's name from the ballot; this decision is also under appeal.

Ahead of the Supreme Court appeal, Trump campaign spokesman Steven Cheung said that “unsurprisingly, the all-Democrat-appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice.”

The two cases in question have prompted speculation among legal experts that the United States Supreme Court might hear them and, at the very least, rule against the plaintiffs on procedural grounds.

“It seems a certainty that SCOTUS will have to address the merits sooner or later,” Rick Hasen, a law professor at the University of California–Los Angeles, wrote on his website last month, referring to the Supreme Court.

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