The Appeals Court that ruled against the insurrectionists yesterday was specifically talking about Cawthorn, who already lost his primary and won't be on the ballot in November. But the import of the case-- which deals with the 14th Amendment's prohibition against insurrectionists being able to run for office-- is a problem for Republicans who attempted to help Trump overthrow the government. The candidates with the most to lose from the decision by the Fourth Circuit Court of Appeals are probably Marjorie Traitor Greene (Q-GA), Scott Perry (R-PA), Paul Gosar (R-AZ), Lauren Boebert (Q-CO), Ronny Jackson (R-TX), Andy Barr (R-AZ), Matt Gaetz (R-FL) and Mo Brooks (R-AL) who came in second last night but will face Katie Britt in Senate primary runoff... unless he's thrown off the ballot first.
Originally, Cawthorn got a reprieve from some moron Trump judge who ruled in his favor, claiming that the Amnesty Act of 1872 appealed that part of teh 14th Amendment, but the Appeals Court threw that out but didn't suggest that the Trump judge be thrown off the bench.
Writing for Bloomberg Law, Joel Rosenblatt reported yesterday that "While the ruling is legally binding only in the states that make up the 4th Circuit-- Maryland, Virginia, West Virginia, North Carolina, and South Carolina-- it could influence the outcome of legal challenges to multiple Republican House candidates tagged by critics for participating in events surrounding the Jan. 6, 2021, attack on the Capitol.
Circuit Judge Toby Heytens, nominated by President Joe Biden last year, framed the issue in Cawthorn’s case as whether legislation from 1872 lifted a “constitutional disqualification for all future rebels or insurrectionists, no matter their conduct.”
“To ask such a question is nearly to answer it,” Heytens wrote in Tuesday’s ruling. The 19th century law shielding candidates from the eligibility bar only applies to acts that occurred before it was enacted, he said.
The opinion from the Richmond, Virginia-based appeals court sends the case back to lower court in Raleigh, North Carolina, to be reconsidered.
Two other judges on the panel wrote concurring opinions: Julius Richardson, appointed by Trump, and James Wynn, appointed by Barack Obama.
The lower-court judge, Richard Myers II in Wilmington, North Carolina, was appointed by Trump. He ruled that the 1872 law designed to let Confederate insurrectionists run for Congress also applied to Cawthorn and any other official seeking federal office today.