“President Trump remains undefeated in 14th Amendment ballot challenges in federal courts with today’s ruling in the Eastern District of Virginia,” Trump campaign spokesman Steven Cheung said in a statement to multiple news outlets on Dec. The Trump campaign issued a statement hailing Judge Brinkema’s ruling in Virginia. “It seems a certainty that SCOTUS will have to address the merits sooner or later.” Supreme Court,” Rick Hasen, a law professor at the University of California-Los Angeles, wrote in response to the Maine decision. “It is clear that these decisions are going to keep popping up, and inconsistent decisions reached (like the many states keeping Trump on the ballot over challenges) until there is final and decisive guidance from the U.S. Some legal experts have said that both rulings demonstrate the need for the Supreme Court to issue an order. The former president’s campaign said that the ballot rulings constitute election interference. Republicans and the Trump 2024 campaign have appealed both decisions. She said that she is “mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section 3.” Bellows wrote, echoing the Colorado court’s ruling. “I do not reach this conclusion lightly,” Ms. Bukaty/AP Photo)ĭays after that, Maine Secretary of State Shenna Bellows, a Democrat, unilaterally acted to remove President Trump from the ballot under similar pretexts. Maine Secretary of State Shenna Bellows speaks at an event in Augusta, Maine, on Jan. The plaintiffs relied heavily on the rulings made in Maine and Colorado in late December, the judge noted. “At least five additional federal courts have concluded that citizens attempting to disqualify individuals-including former President Trump-from participating in elections or from holding public office based on the Januattack on the United States Capitol lacked standing,” she wrote in her 13-page ruling. Judge Brinkema of the Eastern District of Virginia, an appointee of former President Bill Clinton, found that the “plaintiffs have totally failed to demonstrate how their alleged injuries are traceable to the conduct of defendants.” Constitution’s 14th Amendment, which prohibits individuals from running for office if they have engaged in a rebellion or insurrection against the U.S. Roy Perry-Bey and Carlos Howard claimed that the former commander-in-chief should be disqualified under Section 3 of the U.S. Brinkema wrote that the plaintiffs-two activists-who filed the lawsuit against President Trump lacked legal standing. Update: On June 28, 2021, the Supreme Court denied the school board’s petition for a writ of certiorari.In a ruling issued in late December, U.S. Court of Appeals for the Fourth Circuit affirmed the ruling in favor of Gavin on August 26, 2020. District Court for the Eastern District of Virginia ruled in favor of Gavin on all his claims. After four years of litigation-including a trip to the Supreme Court and back– the U.S. Education Amendments of 1972, a federal law prohibiting sex discrimination by schools. Represented by the ACLU and ACLU of Virginia, Gavin sued his school board for discriminating against him in violation of the Equal Protection Clause and Title IX of the U.S. As a result, whenever Gavin was required to provide a transcript to colleges or potential employers, he had to provide a transcript that identified him as “female.” card listing his sex as male, underwent chest reconstruction surgery, obtained a court order legally changing his sex to male under Virginia law, and received a new Virginia birth certificate reflecting that his sex is male.Įven after graduation, the school Board continued discriminating against Gavin by refusing to provide him with a transcript that matches the “male” sex designation on his birth certificate. The Board continued to exclude Gavin even after he began receiving hormone therapy (which altered his bone and muscle structure, deepened his voice, and caused him to grow facial hair), obtained a Virginia state I.D. That degrading and stigmatizing policy singled Gavin out as unfit to use the same restrooms as every other student. Throughout the rest of high school, Gavin was forced to use separate restrooms that no other student was required to use. The new policy directed Gavin to an “alternative appropriate private facility” instead. When Gavin Grimm came out to his school as a boy who is transgender, his school board adopted a discriminatory new prohibiting boys and girls “with gender identity issues” from using the same common restrooms as other boys and girls.
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