A lawsuit brought by a group of Colorado voters cited the Constitution's 14th Amendment in their effort to prevent Trump from getting on the state ballot in 2024.

A lawsuit brought by a group of Colorado voters cited the Constitution’s 14th Amendment in their effort to prevent Trump from getting on the state ballot in 2024.

  • catreadingabook@kbin.social
    73·
    1 year ago

    Wait, why? Not to complain, but it’s essentially law that when federal courts have jurisdiction, a civil case may be ‘removed’ from state court and into federal (district) court upon the defendant’s request – and it seems pretty clear that federal courts have jurisdiction over civil cases arising under the Constitution. I guess the court technically has discretion in some cases, but that’s pretty surprising.

    • IHeartBadCode@kbin.social
      18·
      1 year ago

      When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.

      — 28 USC 1446(b)(2)(A)

      petitioners’ first claim, which is brought against Secretary Griswold,
      makes it clear that the Secretary is not a nominal party.

      — Chief Judge Philip A. Brimmer ruling

      The Secretary Griswold is joined and Trump did not have the Secretary sign on to the request to be removed. Therefore the request is deficient.

    • originalucifer@moist.catsweat.com
      141·
      1 year ago

      technical defect;

      “Because Secretary Griswold accepted service before Mr. Trump removed the case and she did not join in or consent to removal, the Court finds that removal was defective”

    • TenderfootGungi@lemmy.world
      121·
      1 year ago

      Because presidents can pardon federal sentences but not state. If he went to jail the first Republican president would pardon him on day 1.