A pair of recent U.S. Supreme Court actions has opened the door to a new legal frontier in which local and state officials can be disqualified from office for life for engaging in “insurrection” or providing “aid and comfort” to enemies of the Constitution.
FILE - Otero County Commissioner Couy Griffin speaks to reporters as he arrives at federal court in Washington, June. 17, 2022. A pair of recent U.S.
“Section 3 continues to be a viable way of protecting against insurrectionists in state and local government,” Fein said. McPhail says there is a new sense of urgency to take action under that clause against state or local officials linked to Jan. 6 — before they run for federal office and can’t be sidelined.
Griffin said his disqualification was politically motivated. He and his defense attorney said Monday’s dismissal by the Supreme Court holds ominous implications, creating a pathway for partisan actors to harness Section 3 of the 14th Amendment in unpredictable ways in the future. “I don't know how widespread it's going to be,” he said. “I'm sure people are going to start thinking creatively about what it means — if you're supporting, Hamas, the Taliban, .”
In Griffin's case, New Mexico Judge Francis Mathew found that Griffin aided an insurrection without engaging in violence, contributing to a delay in Congress’ certification of the presidential election.from Trump in a series of speeches during rallies held across the country, calling on crowds to go with him to Washington on Jan. 6 and join the “war” over the presidential election results.
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