On Friday, U.S. District Judge Leonie Brinkema of the Eastern District of Virginia dismissed a lawsuit filed in an attempt to have President Donald Trump removed from the state’s presidential ballots pursuant to the Fourteenth Amendment’s “insurrection clause.” The order throwing out the case is the latest chapter in the drama of conflicting orders in various states brought by Democrat activists in an effort to interfere with the right of Americans to vote for the candidate of their choice in the 2024 primary and general elections.
The Virginia case was brought by two individual anti-Trump activists, Roy Perry-Bey and Carlos Howard. As in similar cases, the lawsuit claimed that President Trump was involved in the events of January 6, 2021, to such an extent that he was guilty of insurrection against the government of the United States. Judge Brinkema, an appointee of President Bill Clinton, ruled the plaintiffs lacked the legal standing to bring such a case.
Federal judge squashes attempt to disqualify Trump from Virginia ballot https://t.co/W7lKYT4bWH
— CSusan🎶❤️ (@nelson8989) December 30, 2023
Brinkema’s 13-page ruling is consistent with the holdings of at least five other federal courts. Each of these courts has consistently held that citizens lack the standing to disqualify individuals from elections or holding public office based on the Capitol protests.
The standing requirement that applies to every lawsuit mandates that only plaintiffs directly impacted by an allegedly wrongful action have the right to litigate it in court. The judge noted the plaintiffs’ failure to demonstrate how their alleged injuries were directly attributable to any claimed conduct by President Trump.
Steven Cheung, a spokesman for the Trump campaign, responded to the Virginia ruling with a sense of vindication. He pointed out that Trump remains undefeated in federal court challenges related to the Fourteenth Amendment, as it is expected the Supreme Court may soon resolve the issue for ballots in every state as the primary season rapidly approaches.
Cheung’s statement also addressed the broader political implications, accusing Democrats of a “multifront lawfare campaign” aimed at disenfranchising voters and interfering with the election.
This decision in Virginia marks another chapter in the ongoing debate over applying the Fourteenth Amendment’s insurrection clause. The amendment was ratified soon after the Civil War to empower Congress to prevent former Confederate officials from holding future federal office.
