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Tuesday, September 06, 2022

And Then There Was One

Today Couy Griffin was ousted from office by a New Mexico court for violating Section Three of the Fourteenth Amendment on Jan. 6th, 2021. I'll have more to say about that later, but for now I just wanted to note that this is the only pending case on Section Three. The Georgia Supreme Court last week affirmed that Representative Taylor-Greene is eligible to run. (Her 11th Circuit appeal is still pending, but one would think that would now be dismissed as moot, though perhaps not unanimously.)

By the way, the last person ousted from office by a court was a state judge in Louisiana. This decision in 1869 rested on the federal statute that readmitted Louisiana to the Union after the Civil War. But since the statute said that Section 3 must be enforced by the newly readmitted states, you could argue that this was, in fact, a Section 3 case. 

Posted by Gerard Magliocca on September 6, 2022 at 03:01 PM | Permalink


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