In a recent development, the Oregon Supreme Court has chosen not to hear a case seeking to exclude former President Donald Trump from the 2024 ballot, citing the pending decision of the US Supreme Court on the same issue. This case is based on the 14th Amendment’s “insurrectionist ban”.
Previously, Colorado and Maine had removed Trump from their ballots, with officials and judges citing his involvement in the January 6 insurrection as grounds for his ineligibility for office. However, these decisions are currently on hold pending appeals. Trump has successfully defended against similar lawsuits in other states, including Minnesota, Michigan, and Arizona, where courts dismissed the cases on procedural grounds without addressing the January 6 incident. Additionally, California’s top election official has decided to keep Trump on the state’s ballot.
The Oregon court refrained from commenting on the merits of the case, specifically mentioning the ongoing litigation at the US Supreme Court, which is set to hear oral arguments in the Colorado case on February 8. Critics of Trump have filed similar lawsuits across the country, arguing that they are merely enforcing the 14th Amendment. They believe the “insurrection ban” was specifically designed to protect the country from individuals like Trump, who they claim violated his oath of office by attempting to overturn the 2020 election and inciting the deadly Capitol riot.
Trump, on the other hand, has characterized these lawsuits as a thinly disguised effort to manipulate the legal system and distort the Constitution to bar him from the presidency because his opponents cannot defeat him at the polls. The 14th Amendment, ratified after the Civil War, disqualifies US officials who have sworn to uphold the Constitution from holding future office if they have “engaged in insurrection” or provided “aid or comfort” to insurrectionists. However, the Constitution does not provide clear guidance on how to enforce this ban, leading to questions about its applicability to the presidency.
The lawsuit in Oregon was filed by Free Speech For People, a liberal advocacy group, directly at the Oregon Supreme Court. The group expressed disappointment at the court’s decision to delay, stating that waiting for the US Supreme Court’s decision only reduces the time available for the Oregon Supreme Court to resolve any remaining issues.
Trump campaign spokesman Steven Cheung applauded the ruling, stating, “Today’s decision in Oregon was the correct one,” and urged for the swift dismissal of all remaining 14th Amendment ballot challenges, which he described as “bad-faith, election interference”.
Oregon election officials have until March 21 to finalize the names on the primary ballot, with the Oregon primary scheduled for May 21. The potential impact of removing Trump from the primary ballot may be limited, as Oregon is one of the last states to hold its GOP contest. Furthermore, Oregon’s GOP delegates will be determined based on the results of a vote at the state party convention on May 25, as per the Republican National Committee.
Oregon Secretary of State LaVonne Griffin-Valade, a Democrat, had previously requested the court to dismiss the case on procedural grounds, arguing that it was not the appropriate time to scrutinize Trump’s eligibility for office. She stated that the Oregon law requiring her to determine a candidate’s disqualification applies only to the general election, not the GOP primary. Trump’s lawyers have concurred with Griffin-Valade, arguing for the case’s dismissal based on the state’s ballot access laws.
This story will be updated as more information becomes available.