A federal judge dismissed a lawsuit last week that sought to ban former President Donald Trump from Virginia’s presidential primary and general election ballots due to Trump’s efforts to overturn the result of the 2020 election.
In an opinion issued Dec. 29, U. S. District Judge Leonie M. Brinkema ruled that the two activists who filed a lawsuit did not have the legal standing to challenge Trump’s eligibility because they had “utterly failed” to show that Trump’s presence in Virginia polling would result in his express harm.
“While this moot legal factor of whether former President Trump can be disqualified from running for public office or holding public office raises questions of paramount importance in our democratic formula of self-government, the court cannot rule on the merits of the plaintiff’s lawsuit. claims because it lacks jurisdiction in the matter,” Brrinkema wrote.
The ruling says there will be no last-minute developments related to Trump’s eligibility as the No. 1 candidate in Virginia, where early voting for the March 5 No. 1 presidential candidate is scheduled to begin Jan. 19.
As legal battles continue to play out elsewhere, the question arises as to whether Trump’s role in the events leading up to the Jan. 6 attack on the U. S. Capitol can be characterized as an act of insurrection, which would save him from fulfilling his duties. it may be through the U. S. Supreme Court in the end.
In the Virginia case, the ruling marked a difference between the case before it and the recent headline-grabbing decisions by the Colorado and Maine governments to disqualify Trump from the first election on similar grounds. The Colorado Supreme Court and Maine’s Secretary of State made decisions based on their own states’ election laws, Brinkema wrote, not in reaction to claims in federal court.
“Federal courts across the country have consistently held that individual citizens do not have … standing to challenge whether another citizen is qualified to hold public office,” Brinkema ruled.
Because the lawsuit also named state election officials as defendants, Attorney General Jason Miyares’ workplace lawyers had asked the court to dismiss the case largely on technical grounds. State prosecutors said the legal challenge was based on a false impression of how Virginia’s primary works, noting that state election officials “do not actively monitor the eligibility of presidential candidates” in elections. primaries organized throughout the state but overseen by political parties.
The Virginia Republican Party has also tried to intervene, arguing that if the lawsuit is allowed, it would threaten the GOP electorate’s right to its own candidates in elections.
Ignoring the case, Brinkema chided the plaintiffs, Hampton Roads area constituents Roy L. Perry-Bey and Carlos A. Howard, for procedural irregularities while trying to incorporate. The same was true in court, as the failure to submit their complete tactile data and their fitness problems prevented them from responding in a timely manner to new submissions.
by Graham Moomaw, Florida Phoenix January 2, 2024
A federal ruling last week dismissed a lawsuit seeking to block former President Donald Trump from running in Virginia’s general and No. 1 election because of Trump’s efforts to overturn the final results of the 2020 election.
In an opinion issued Dec. 29, U. S. District Judge Leonie M. Brinkema ruled that the two activists who filed a lawsuit did not have the legal standing to challenge Trump’s eligibility because they had “utterly failed” to show that Trump’s presence in Virginia polling would result in his express harm.
“While this debatable legal factor of whether former President Trump can be disqualified from running for public office or holding public office raises questions of paramount importance in our democratic formula for self-government, the court cannot rule on the merits of the lawsuit. plaintiff claims because he lacks jurisdiction in the matter,” Brrinkema wrote.
The ruling says there will be no last-minute advances related to Trump’s eligibility as the No. 1 candidate in Virginia, where early voting for the No. 1 presidential candidate on March 5 is scheduled to begin Jan. 19.
As legal battles continue to play out elsewhere, the question of whether Trump’s role in the events leading up to the Jan. 6 attack on the U. S. Capitol can ultimately be classified as an act of insurrection — which would prevent him from wearing down his duties — may ultimately be through the U. S. Supreme Court.
In the Virginia case, the ruling marked a difference between the case before it and recent headline-grabbing decisions by the Colorado and Maine governments to disqualify Trump from the first election on similar grounds. The Colorado Supreme Court and Maine Secretary of State made decisions based on their own states’ election laws, Brinkema wrote, not in reaction to claims in federal court.
“Federal courts across the country have consistently held that individual citizens do not have . . . status to question whether the citizen is qualified to hold public office,” Brickema ruled.
Since the trial also named state election officials as defendants, Attorney General Jason Miyares’ workplace lawyers had asked the court to dismiss the case on more commonly technical grounds. State prosecutors said the legal challenge was based on a false impression of how Virginia’s primary works. , noting that state election officials “do not actively monitor the eligibility of presidential candidates” in primaries held in the state but overseen by political parties.
The Virginia Republican Party has also tried to intervene, arguing that if the lawsuit is allowed, it would threaten the Republican electorate’s right to their own candidates in elections.
In the opinion dismissing the case, Brinkema chided the plaintiffs, Hampton Roads-area voters Roy L. Perry-Bey and Carlos A. Howard, for a variety of procedural irregularities as they attempted to represent themselves before the court, such as failing to include full contact information and claiming health concerns were preventing them from responding to new filings in a timely manner.
Florida Phoenix is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [email protected]. Follow Florida Phoenix on Facebook and Twitter.
Graham, a veteran political journalist from Virginia, grew up in Hillsville and Lynchburg, graduated from James Madison University and has a master’s degree in journalism from the University of Maryland. Before joining the Mercury in 2019, he spent six years at the Richmond Times-Dispatch. , covering the maximum of the governor’s office, the General Assembly and state politics. He also covered City Hall and politics at the Daily Progress in Charlottesville.
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