A judge in Wyoming has rejected a motion calling for former President Donald Trump to be removed from the state’s 2024 presidential ballot over the left’s claim that he ran afoul of the 14th Amendment to the U.S. Constitution.
In her order Thursday, Albany County District Judge Misha Westby dismissed the claim without prejudice, according to Newsweek.
Section 3 of the 14th Amendment maintains that any elected official who has sworn an oath to the Constitution but “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” is ineligible for further office.
“Making a determination at this stage of the process would be imprecise, subject to speculation, and would create rather than diminish future controversies, because it would require engaging in legal details made in the abstract and result in a decision rendered without concrete factual background,” Westby wrote, according to the Cowboy State Daily.
The lawsuit the judge decided on, filed by retired Laramie attorney Tim Newcomb, was similar to those coursing through 34 states to remove the GOP front-runner from the ballots.
So far, the effort has been successful in only two states, Maine and Colorado, and both of those decisions are under appeal.
Republican attorney Harmeet Dhillon celebrated Westby’s decision and shared the two-page ruling on X, writing, “Not again! Yes again…Wyoming federal judge threw yet another 14th amendment challenge out on its ear today. Bye!”
Not again! Yes again … Wyoming federal judge threw yet another 14th amendment challenge out on its ear today. Bye!
Congratulations and thanks to my @dhillonlaw colleagues and our local counsel for riding this one out of town on a rail. pic.twitter.com/BnaxrgL3uR
— Harmeet K. Dhillon (@pnjaban) January 5, 2024
Wyoming Secretary of State Chuck Gray also celebrated the judge’s decision.
Will more states try to remove Trump from the ballot?
“I have been working to make sure that Donald Trump will be able to be on the ballot, and I am happy our motion to dismiss this lawsuit was granted,” Gray said in a news release, according to The Sheridan Press.
“I will continue to fight against this nationwide effort in order to protect the integrity of our elections and ensure that the people of Wyoming can choose who to elect for themselves,” he said.
I’m pleased to announce that our motion to dismiss the lawsuit Newcomb v. Chuck Gray has been granted by Judge Westby. I’ve been working to make sure that President Donald J. Trump @realDonaldTrump will be on the ballot. Tim Newcomb’s lawsuit was outrageously wrong. I will… pic.twitter.com/EW125AzjBG
— Chuck Gray (@ChuckForWyoming) January 5, 2024
The former president has taken the Colorado ballot case to the U.S. Supreme Court.
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” Trump spokesman Steven Cheung said Dec. 19, according to The Hill.
…It covers the expected claims. Additionally, they allege that Trump was forced to prove the negative: “Forcing President Trump to prove that he is not dis- qualified before appearing on the ballot effectively adds a new, extra-constitutional requirement to running for office.”
— Jonathan Turley (@JonathanTurley) January 3, 2024
Maine Secretary of State Shenna Bellows, a Democrat, also decided all on her own in December that Trump would not appear on that state’s 2024 ballot. The Trump campaign also appealed that decision to the U.S. Supreme Court.
“We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Cheung said.
Two other states have rejected efforts to remove Trump from their ballots: Michigan and Minnesota.
