A federal appeals court has ruled against the arguments of Rep. Madison Cawthorn that he is protected from being disqualified from future office for engaging in insurrection.
The 4th Circuit Court of Appeals ruled on May 24 that the U.S. district court had made a mistake when it ruled in favor of Cawthorn.
The 14th Amendment disqualification from federal or state office did not apply. The right to hold office for all but those at the highest level of the Confederate rebellion was restored by the 1872Amnesty Act.
Is Cawthorn involved in insurrection? The Civil War rule candidacy challenge is on hold.
Judge Toby Heytons and Judge James Wynn wrote an opinion saying that Cawthorn and others who were accused of insurrection after the congressional act did not have immunity.
The 14th Amendment's eligibility bar was removed by the 1872Amnesty Act, but only for those who had constitutionally wrongful acts before it was enacted. We reverse the district court's grant of injunctive relief.
The state elections board was prevented from examining whether Cawthorn should remain on ballots by the district judge. Voters appealed the case to the Fourth Circuit.
In a separate opinion, Judge Richardson disagreed that the courts or state elections officials should decide the qualifications of a candidate. Richardson said that the power of the House should be the sole one.
The district court did not have the authority to consider Rep. Cawthorn's claim under the 1872Amnesty Act, which asked the court to determine his qualifications, a privilege and duty given only to the House itself.
Wynn, who was nominated by President Barack Obama, said he felt compelled to write a corrective response to Richardson, saying the judge believed that every state in the Union is powerless to regulate.
The Cawthorn spokesman did not respond to messages. The congressman is under investigation by the House Ethics Committee for potential insider trading and a relationship with a staffer that a complaint said appears improper.
The ramifications for Cawthorn, an ambitious but scandal-ridden right-wing congressman who is only 26, could be long-running.
Madison Cawthorn's $30 million car wreck lawsuit against her friend is set to go to trial.
Will Republicans stick with the troubled Trump ally?
The May 17 Republican primary loss to state Sen. Chuck Edwards was the reason Cawthorn argued the case was over.
The case is likely to be dismissed because he is no longer running for office, according to Robert Orr, a former North Carolina Supreme Court judge.
Madison Cawthorn was charged with driving with a revoked license for the second time.
Cawthorn and others who may have been involved in plans to attack the Capitol or deny Joe Biden the presidency could not argue they have immunity.
There could not have been a challenge based on the 14th Amendment. There can be a challenge based on the 14th Amendment after the Fourth Circuit's ruling.
Similar challenges have been filed against members of Congress who have supported Trump in other states.
Is Cawthorn going to run again? WNC congressman, TV pundit, what's next? Lobbyist?
A judge in Georgia ruled that he shouldn't be disqualified from appearing on the ballot. The Secretary of State signed off on the opinion.
The evening of May 24th, she was in a six-way GOP primary with ballots still being cast for her northwest Georgia seat.
For more than 20 years, Joel has covered politics, government and other news in WNC. He has written award-winning stories on topics such as police use of force. Do you have a tip? If you would like to contact him, you can email him at jburgess@citizenTimes.com or on the AVLreporter. Please support this type of journalism with a subscription to the Citizen Times.
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