Minnesota’s Democrat-leaning Supreme Court dismissed a lawsuit Wednesday trying to kick former President Trump off the state’s ballot over the Jan. 6 riot — for now.
Chief Justice Natalie Hudson, a Democratic appointee, wrote in the order that the case was not ripe as the upcoming election is the Republican primary — and no state law allows the secretary of state to influence a party’s candidate of choice.
However the order suggests the challengers can sue closer to the general election if Mr. Trump is the nominee. The case claims Mr. Trump is constitutionally ineligible to hold federal office because he led an “insurrection” on Jan. 6.
“This is an internal party election to serve internal party purposes, and winning the presidential nomination primary does not place the person on the general election ballot as a candidate for President of the United States,” the court’s order issued Wednesday read.
The Minnesota Supreme Court was the first to confront the legal issue of whether Mr. Trump should be barred from the upcoming election under Section 3 of the 14th Amendment, saying it bars any rebel or insurrectionist from holding office.
The provision was written into the 14th Amendment with the Civil War in mind, but the former president’s opponents say it should apply to his attempts to stop certification of President Biden’s victory.
Free Speech for People, a nonpartisan nonprofit group that focuses on challenging big money in politics, brought the Minnesota challenge on behalf of eight voters seeking to remove Mr. Trump from the state’s ballot.
The group also has a petition pending in Michigan.
The lawsuit named Secretary of State Steve Simon as the defendant, pointing to a state statute that allows any individual to file a petition with the state’s highest court to correct an error in the printing of a ballot.
The state Supreme Court is composed of seven justices, but two have recused themselves from the case: Justices Margaret H. Chutich and Karl C. Procaccini. The court did not note why the two are not taking part in the dispute.
Mr. Trump‘s campaign celebrated the dismissal.
“Today’s decision in Minnesota, like New Hampshire before it, is further validation of the Trump Campaign’s consistent argument that the 14th Amendment ballot challenges are nothing more than strategic, un-Constitutional attempts to interfere with the election by desperate Democrats who see the writing on the wall: President Trump is dominating the polls and has never been in a stronger position to end the failed Biden presidency next November,” said Steven Cheung, a spokesperson for the Trump campaign.
There is also a case pending in Colorado to toss Mr. Trump from that state’s ballot. A decision is reportedly expected in that dispute this month.
Those hoping to remove Mr. Trump from state ballots point to Section 3 of the 14th Amendment, which reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Though Mr. Trump is facing a number of indictments, he has not been convicted of leading an insurrection.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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