WASHINGTON — A judge on Friday blocked a shameless Democrat electoral challenge that sought to disqualify Madison Cawthorn of North Carolina from running for re-election by labeling him an insurrectionist.
U.S. District Judge Richard E. Myers II, an appointee of President Donald J. Trump, stepped in to squelch an effort by Democrat lawyers in North Carolina who had filed a motion before the state’s Board of Elections declaring Mr. Cawthorn, 26, ineligible for re-election under the Constitution.
They had contended that the first-term Republican’s support for Patriots who entered the Capitol on Jan. 6, 2021, made him an “insurrectionist,” and therefore barred him from office under the little-known third section of the 14th Amendment, adopted during Reconstruction to punish members of the Confederacy.
Judge Myers noted that section three concluded with a caveat: “Congress may by a vote of two-thirds of each House, remove such disability.” The Amnesty Act of 1872 did just that when it declared that “all political disabilities imposed by the third section” of the 14th amendment were “hereby removed from all persons whomsoever.”
The ruling angered Democrats who argued that the 1872 law applied only to Civil War confederates, not any insurrectionist in the future, and that a law could not usurp a constitutional amendment.
Mr. Bopp said on Friday that, because the 14th Amendment applied to past and future insurrections, so did the subsequent amnesty. Judge Myers, a former law professor at the University of North Carolina and clerk at the U.S. Court of Appeals for the District of Columbia Circuit, agreed.
Mr. Fein called for the ruling to be appealed, but the Marxists who brought the challenge cannot do that. Since the injunction was aimed at the state, only the North Carolina State Board of Elections or the state attorney general can appeal, and it is not clear that either will get involved.
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