The Oregon Supreme Court lets Trump stay on the primary ballot for now
The Oregon Supreme Court said Friday that former President Donald J. Trump could remain in the state's 2024 primary, at least for now. The court opted to postpone any decision on the merits of his eligibility until after the U.S. Supreme Court considers a similar challenge from Colorado.
Challengers have filed lawsuits in more than 30 states claiming that Trump is ineligible to serve as president under the 14th Amendment, which disqualifies government officials who engage in insurrection after taking an oath to support the Constitution. Mr. Trump's campaign has argued that the provision does not apply to him and has called the lawsuits partisan and anti-democratic.
The lawsuits vary widely in legal strategy and sophistication. Several have been fired, others are still pending, and the most prolific challenger, John Anthony Castro, a Republican presidential candidate with a long history, was recently indicted on federal tax charges.
The lawsuit had played out largely out of the national spotlight until last month, when the Colorado Supreme Court and Maine's secretary of state, a Democrat, both found Trump ineligible. The former president, who is leading the polls in the Republican primaries, has appealed both decisions, and the U.S. Supreme Court will hear oral arguments in the Colorado case on Feb. 8.
In a brief ruling released Friday, Oregon Supreme Court Chief Justice Meagan Flynn said the U.S. Supreme Court could resolve “one or more of the disputes” raised by challengers in Oregon. But if the U.S. Supreme Court leaves some of these questions unresolved, challengers could file a new lawsuit in Oregon, Chief Justice Flynn wrote. Oregon's presidential primaries are scheduled to conclude by March 21.
The lawsuit in Oregon was led by Free Speech for People, a national advocacy group that filed the complaint on behalf of five voters in the state. The group, which called Oregon's decision “disappointing,” also filed lawsuits in Michigan and Minnesota, where state supreme courts declined to remove Mr. Trump from the primary ballot. The group still has challenges pending in Illinois and Massachusetts.
Mr. Trump's lawyers argued that he was not involved in an insurrection and that Oregon law did not allow officials to exclude primary candidates based on concerns about their eligibility. Oregon Secretary of State LaVonne Griffin-Valade, a Democrat, refused to remove Mr. Trump from the primaries, to argue that she did not have the legal authority to do so.
As legal challenges mount, election officials and judges across the country have entered uncharted waters that pose fundamental questions for American democracy. Many officials, including Oregon judges, are now turning to the U.S. Supreme Court for guidance.
Nicholas Bogel-Burroughs reporting contributed.