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MINNEAPOLIS (AP) — Former President Donald Trump will stay on the
Minnesota primary ballot after the state supreme court on Wednesday
dismissed a lawsuit seeking end his candidacy under a rarely-used constitutional provision that forbids those who “engaged in insurrection”
from holding office.
The Minnesota Supreme Court declined to become the first in history to use Section 3 of the 14th Amendment to prevent someone from running for the presidency. The court dodged the central question of the lawsuit — does
Trump's role in the Jan. 6, 2021, attack on the U.S. Capitol disqualify
him from the presidency — by ruling that state law allows parties to put whomever they want on the primary ballot.
"There is no state statute that prohibits a major political party from
placing on the presidential nomination primary ballot, or sending
delegates to the national convention supporting, a candidate who is
ineligible to hold office,” Chief Justice Natalie Hudson ruled.
The court left open the possibility that plaintiffs could try again to
knock Trump off the general election ballot in November. The Minnesota challenge was filed by the liberal group Free Speech For People, which
said it will continue its campaign to end Trump's presidential bid.
“We are disappointed by the court’s decision,” said the group's legal
director Ron Fein, who argued before the court at its Nov. 2 hearing on
the case. “However, the Minnesota Supreme Court explicitly recognized that
the question of Donald Trump’s disqualification for engaging in
insurrection against the U.S. Constitution may be resolved at a later
stage. The decision isn’t binding on any court outside Minnesota and we continue our current and planned legal actions in other states to enforce Section 3 of the Fourteenth Amendment against Donald Trump.”
The ruling is the first from a series of lawsuits filed by Free Speech For People and a second liberal group that are seeking to use Section 3 to end
the candidacy of the frontrunner in the Republican presidential primary.
On his social media platform, Truth Social, Trump said: “Ridiculous 14th Amendment lawsuit just thrown out by Minnesota Supreme Court.” He added, “Congratulations to all who fought this HOAX!"
The provision at issue bars from office anyone who swore an oath to the constitution and then “engaged in insurrection” against it. It was mainly
used to prevent former confederates from taking over state and federal government positions after the Civil War.
The plaintiffs in the cases contend that Section 3 is simply another qualification for the presidency, just like the Constitution’s requirement
that a president be at least 35 years old. They filed in Minnesota because
the state has a quick process to challenge ballot qualifications, with the
case heard directly by the state’s highest court.
Trump’s attorneys argued that Section 3 has no power without Congress
laying out the criteria and procedures for applying it, that the Jan. 6
attack doesn’t meet the definition of insurrection and that the former president was simply using his free speech rights. They also argued that
the clause doesn’t apply to the office of the presidency, which is not mentioned in the text.
Parallel cases are being heard in other states, including Colorado, where
a state judge has scheduled closing arguments for next week.
Many legal experts expect the issue to eventually reach the U.S. Supreme
Court, which has never ruled on Section 3.
Secretaries of State have generally said they don't have the power to
determine Trump should not be on the ballot and have sought guidance from courts. Minnesota's Democratic Secretary of State, Steve Simon, said in an interview he was happy to have some clarity.
“I am grateful that the Supreme Court acted quickly in providing
Minnesotans with certainty about who will be eligible to appear on the
ballot for the presidential nominating primary,” Simon said.
https://www.yahoo.com/news/minnesota-supreme-court-dismisses-insurrection- 220005064.html
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