Posted on 01/04/2024 1:39:27 PM PST by NorthMountain
A federal judge in California on Jan. 3 dismissed a lawsuit that sought to keep former President Donald Trump off the 2024 Republican primary ballot in that state.
District Judge David Carter granted a motion to dismiss the lawsuit “with prejudice,” which means that it can’t be submitted to the same court again, according to court papers.
A plaintiff attempted to argue that they suffered “emotional injury” as a result of the breach of the U.S. Capitol on Jan. 6, 2021, while watching the events unfold on television, on the radio, and in various publications. They then argued that the incident caused them “severe emotional distress” and then filed a lawsuit to keep the former president from California’s ballots.
However, the judge wrote that because the events occurred “more than two years before the plaintiff” filed suit, it was outside of the two-year statute of limitations.
The decision by Judge Carter, a Clinton-appointed jurist who has ruled against President Trump in a separate case, was posted online by former Republican National Committee for California Chair Harmeet Dhillon. “The remnants of the last California case to keep President Trump off the ballot here were dismissed today by Judge David O. Carter!!” she wrote on X, formerly Twitter, on Jan. 3.
In recent days and weeks, a number of lawsuits have been filed in different states seeking to bar President Trump from appearing on the ballot ahead of the 2024 election. Those suits have claimed that the former president engaged in “insurrection or rebellion” against the United States, under an interpretation of the Constitution’s 14th Amendment’s Section 3, which was written in the immediate aftermath of the U.S. Civil War.
At least two of those challenges have seen some success in Maine and Colorado, although there has been widespread speculation that higher courts or even the U.S. Supreme Court would strike those rulings down.
Days before Christmas, Colorado’s highest court ruled to keep the former president off the primary ballot in the state, which was promptly appealed to the Supreme Court. Last week, Maine Secretary of State Shenna Bellows, a Democrat, unilaterally decided to keep President Trump off the ballot, which also has been appealed.
Ahead of the Supreme Court appeal, Trump campaign spokesman Steven Cheung said that “unsurprisingly, the all-Democrat-appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice.”
Legal analysts have suggested that the U.S. Supreme Court would take up those two cases and likely would rule against the plaintiffs at least on procedural grounds. However, it isn’t clear whether the court will take up the more thorny questions presented under the 14th Amendment’s insurrection clause.
“It seems a certainty that SCOTUS will have to address the merits sooner or later,” Rick Hasen, a law professor at the University of California-Los Angeles, wrote on his website last month, referring to the Supreme Court. Other Attempts California Secretary of State Shirley Weber had included the former president on the state’s primary ballot list alongside other GOP presidential challengers such as former U.N. Ambassador Nikki Haley and Florida Gov. Ron DeSantis. Democrat Lt. Gov. Eleni Kounalakis had suggested that officials evaluate whether the former president is eligible to run in California. “I urge you to explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot,” Ms. Kounalakis wrote on Dec. 20. “The constitution is clear: you must be 35 years old and not be an insurrectionist.”
However, her letter drew pushback from Gov. Gavin Newsom, also a Democrat, who chided President Trump but described the challenges as a “political distraction.”
“In California, we defeat candidates at the polls,” he said. “Everything else is a political distraction.”
Several other federal judges also have dismissed attempts to block the former president from appearing on ballots. In a ruling issued in late December, U.S. District Judge Leonie Brinkema wrote that the plaintiffs—two activists—who filed suit against President Trump in Virginia to keep him on that state’s ballot lacked standing. “At least five additional federal courts have concluded that citizens attempting to disqualify individuals—including former President Trump—from participating in elections or from holding public office based on the January 6, 2021, attack on the United States Capitol lacked standing,” she wrote in a ruling.
In a statement, the Trump campaign hailed the decision, noting that federal courts in West Virginia, New Hampshire, Florida, Arizona, and Rhode Island along with state courts in Minnesota and Michigan have dismissed similar suits.
May it happen across the rest of the country!
excellent
thanks
but these suits trying to keep PDJT off the ballot ... may just be a diversion... since the DNC probably still has its ETM (election theft machine) firmly in place, anyway.
while we’re fighting to keep PDJT on the ballot, the DNC still controls the ballot counting on election night
(unless that racket has been busted, something I just happen not to have heard about getting done...?_)
I’m glad it was dismissed but hanging your hat on a 2-year statute of limitations seems like a cop-out. Individuals can’t just strike candidates off the state-wide ballot because the candidate is a poopy-head. Let’s all grow up and let voters vote on candidates. It’s a simple concept.
I AGREE -people can’t just strike candidates off the state-wide ballot because the candidate is a poopy-head.
With that said, BIDEN is known as “Poopy Pants” so I assume people can’t strike him off state ballots either.
So this November on the ballots will be Poopy Pants & Voter Fraud vs. Trump. Looking forward to seeing that ballot!!!!
It could be a cop out ...
Or it could be correct judicial procedure. If a plaintiff has no right to bring suit, no sane judge will let him do it regardless of the merits of the case.
“…which means that it can’t be submitted to the same court again“
The demons will simply find another reason to get trump off the ballot. There is absolutely nothing stopping them.
Every single thing Brandon and his Crime Family does causes the same symptoms in me. Can I sue? I have a much better case than this kook.
Emotional Injury
Good grief
“A plaintiff attempted to argue that they suffered “emotional injury” as a result of the breach of the U.S. Capitol on Jan. 6, 2021, while watching the events unfold on television ...”
What kind of spineless pu**y gets their knickers in a twist watching TV? Ah-h yes, Californication.
Snowflake Lawsuit!
Each of these instances (in "deep blue" states, mind you) reinforce the fact that their lock on a state is simply a myth. Their ideas are not popular and without massive fraud, they would never be elected or trusted with any position beyond a scrubbing out dumpsters after the fires they started have been extinguished.
This is a trap for the rats to eventually try to attack the Supreme Court.
“In California, we defeat candidates at the polls,”
************************************************************
Baloney! Video tapes exist showing criminals, no doubt paid for by democrat operatives, stuffing thousands of ballots in a ballot box illustrating just one method democrats employ to steal elections.
To my knowledge, this ballot stuffing started in modern times back in South Texas Jim Wells County in 1948 when democrat LBJ stuffed enough ballots into Box 13 to win against Coke Stevenson.
I believe an aggressive investigation could prove that Democrats have been stealing elections for decades all across the fruited plain. I suspect we got Obama through stolen elections....to name just one.
You’re quoting Gavin Newsom ... His lips were moving, therefore we know that he was lying.
Oh ... I watched democrat election thievery in Maryland in the early 1990s. You’re quite right about it not being a new problem.
California case only. This is not over in the nation in any way.
I’m still trying to decide if leftists trying to disqualify Trump in courts and losing is better than never attempting to disqualify him at all. I’m leaning toward the former.
They had ballot drop boxes in 1948?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.