THE INDEPENDENT
Lawsuits challenging Donald Trump’s eligibility to appear on the 2024 presidential primary ballots have sprung up in several states.
Individuals and left-wing organisations have claimed that Mr Trump violated Section Three of the 14th Amendment – known as the insurrection clause – citing his involvement in the January 6 attack on the US Capitol.
Section Three of the amendment prohibits those who take part in insurrections or aid enemies of the US government from taking office.
To date, formal challenges to Mr Trump’s candidacy have been filed in at least 35 states.
So far, only Colorado and Maine have removed Mr Trump from the ballot under the 14th Amendment. Colorado’s Supreme Court ruled on 19 December that the former president is ineligible to appear on the state ballot and cannot be considered an option for the White House.
The US Supreme Court is set to hear arguments in the case on 8 February as they review the ruling from the Colorado Supreme Court. Mr Trump wants the US Supreme Court justices, three of whom he appointed, to overturn these findings. If they reject the Colorado ruling, Mr Trump’s spot on the state ballot would be restored.
Michigan
After a lawsuit was filed to remove Mr Trump from the race in Michigan, a state court judge ruled in November that Mr Trump could appear on the ballot.
The judge said that neither courts nor the Michigan Secretary of State have the authority to determine when someone is eligible to run for office.
The judge claimed Section Three of the 14th Amendment was a “political question” which is non-justiciable.
Free Speech For the People, a liberal group, appealed the decision but the state’s appeals court upheld the lower court’s decision.
The Michigan Supreme Court chose not to take up the case.
Minnesota
The Minnesota Supreme Court dismissed a lawsuit in the state seeking to remove Mr Trump from the ballot in November.
After hearing oral arguments in the case, the justices said that neither election officials nor the court had the authority to stop the Republican Party from making Mr Trump the party’s official nominee.
However, plaintiffs could re-challenge Mr Trump’s ability to appear on the general election ballot.
Oregon
Oregon Secretary of State LaVonne Griffin-Valade has said she would keep Mr Trump’s name on the primary ballot, citing her lack of authority to determine the qualifications of candidates.
At the beginning of December, Oregon voters and the organisation Free Speech for People filed a petition to the state’s Supreme Court challenging Mr Trump’s eligibility under the 14th Amendment.
The Oregon Supreme Court rejected that challenge, saying it would wait to hear the US Supreme Court rule on the Colorado case.
Arizona
A federal judge dismissed a lawsuit brought by John Anthony Castro, an individual running as a 2024 Republican presidential candidate, claiming that Mr Castro did not have the standing to challenge Mr Trump’s eligibility.
Mr Castro, who has little campaign presence or financial contributions, claimed he was suffering a competitive injury…
