Oregon dismisses ballot ban case against Trump

 January 13, 2024

The Oregon Supreme Court has decided not to pursue a case challenging former President Donald Trump's eligibility to feature on the state's ballot in the 2024 presidential election.

The court, citing a lack of authority to address the issue at the primary stage, rejected the opportunity to review the challenge presented by five Oregon voters aiming to prevent Trump from being listed on the Republican primary and general election ballots.

The ballot ban battle

Democrats in various states are currently pushing legal battles seeking to remove Trump's name from state ballots, asserting that his actions on January 6, 2021, violated the 14th Amendment.

The amendment prohibits individuals who have "engaged in insurrection or rebellion" against the Constitution from holding political office.

The U.S. Supreme Court is scheduled to deliberate on whether former President Trump should appear on the Colorado Republican presidential primary ballot.

The justices have fast-tracked the case, setting arguments for February 8.

The court granted the petition for a writ of certiorari and issued an administrative stay, instructing the Colorado Secretary of State to include Trump's name on the GOP primary ballot until a verdict is reached.

Future petitions pending

While the state supreme court in Oregon rejected the current petition without prejudice, it kept the door open for future petitions, contingent on the U.S. Supreme Court's decision on the 14th Amendment issue.

The Oregon court's media release articulated, "Because a decision by the United States Supreme Court regarding the Fourteenth Amendment issue may resolve one or more contentions that relators make in the Oregon proceeding, the Oregon Supreme Court denied their petition for mandamus, by order, but without prejudice to their ability to file a new petition seeking resolution of any issue that may remain following a decision by the United States Supreme Court."

The release reflects the court's acknowledgment that the outcome of the broader constitutional issue before the U.S. Supreme Court could influence the specific contentions presented in the Oregon case.

What's next?

The legal landscape encompasses a dual scenario – the Oregon Supreme Court declining the current case due to its reliance on a forthcoming U.S. Supreme Court decision, and the impending U.S. Supreme Court proceedings on Trump's inclusion in the Colorado Republican presidential primary ballot, with arguments slated for early February.

The nature of these legal maneuvers underscores the issues of state and federal considerations regarding Trump's eligibility and the constitutional implications raised by the 14th Amendment.

Trump continues to battle state ballot bans as he leads national polls in his effort to win the GOP nomination and run against President Joe Biden in a rematch in November.

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