A federal appeals court has made it easier to disqualify political candidates for being insurrectionists. A case was filed Tuesday against him based on his alleged support for the January 6 attack on the Capitol building.
Representative Madison Cawthorn spoke at a rally in North Carolina.
The 4th Circuit Court of Appeals ruled against Cawthorn in a lawsuit that he filed earlier this year to stop voters from asking the North Carolina State Board of Elections to prevent him from running for office.
The voters argued that Cawthorn should not be on the ballot because of actions that they said showed support for the January 6 attack, which they said goes against a provision in the 14th Amendment that bars members of Congress from holding office if they engage in.
A district court judge who was appointed by former President Donald Trump found that a federal law passed in 1872 ensured that ex-Confederates could still hold office after the Civil War.
The Appeals Court ruled on Tuesday that the 1872Amnesty Act only applied to ex-Confederates and that future candidates like Cawthorn should not be disqualified.
Heytens doesn't take a stance on whether Cawthorn should be disqualified because voters can challenge politicians' candidacy.
Requests for comment from Cawthorn's office have not been responded to.
The ruling shows that the 1872Amnesty Act does not protect insurrectionists from consequences of their actions under the Fourteenth Amendment.
Cawthorn lost his primary election last week, so Tuesday's ruling won't have a practical impact on him. The challenge against his candidacy was part of a broader effort by Free Speech for People to kick out those who supported the January 6 riot. The group has already filed complaints against other Republican candidates. The group is appealing a ruling that allowed a Georgia lawmaker to stay on the ballot. The decision was based on state law and doesn't directly concern the 1872Amnesty Act, as a state judge and Secretary of State found there isn't enough evidence to suggest that.
Cawthorn filed a lawsuit trying to stop the efforts of Free Speech for People and North Carolina voters, who first challenged his candidacy in January. Cawthorn was among the speakers at a rally that immediately preceded the January 6, 2021, storming of the Capitol building and told the crowd they have some fight, though he has denied any involvement with the subsequent attack on the Capitol. Since January 6, he has made comments in support of the rioters, calling them political hostages and political prisoners.
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