Oregon Supreme Court Refuses to Remove Trump from Ballot, Awaits SCOTUS Decision

The Oregon Supreme Court has rejected a request to remove former President Donald Trump from the 2024 ballot citing the 14th Amendment's "insurrectionist ban," stating that it is awaiting the ruling of the US Supreme Court on the matter. This decision follows similar actions in Colorado and Maine, where Trump was removed from the ballot due to his involvement in the January 6 insurrection. However, these rulings are currently on hold pending appeals.

Trump has successfully won legal battles in several states, where courts dismissed lawsuits based on procedural grounds without addressing the questions surrounding January 6. He has also defeated challenges in Minnesota, Michigan, and Arizona. In addition, California's top election official has recently chosen to allow him to remain on the ballot there. In Oregon, the court did not make a decision on the challenge's substance, citing the ongoing litigation at the US Supreme Court, which is set to hear oral arguments in the Colorado case on February 8.

Lawsuits have been filed by Trump critics nationwide, claiming they are enforcing the 14th Amendment. They argue that the "insurrection ban" was intended to protect the country from someone like Trump, who they believe violated his oath of office by attempting to overturn the 2020 election and inciting the deadly Capitol riot. Trump contends that the lawsuits are an attempt to manipulate the legal system and distort the Constitution to prevent him from holding the White House, as he cannot be defeated in the polls.

The 14th Amendment, ratified after the Civil War, disqualifies US officials who have "engaged in insurrection" or provided aid to insurrectionists from holding future office. However, enforcement of the ban is not specified, leading to questions about its applicability to the presidency. Last year, liberal advocacy group Free Speech For People filed a lawsuit directly with the Oregon Supreme Court.

Oregon election officials have stated that the names on the primary ballot must be solidified by March 21, with the Oregon primary taking place on May 21. The potential impact of potentially excluding Trump from the primary ballot may not be substantial, as Oregon is one of the last states to hold its GOP contest, meaning that the nomination race may already be determined by then. Additionally, Oregon's GOP delegates will be distributed based on the results of a vote at the state party convention on May 25, as per the Republican National Committee.

Oregon Secretary of State LaVonne Griffin-Valade, a Democrat, has requested the court to dismiss the case based on procedural reasons. She contends that it is not the appropriate time to assess Trump's eligibility for office, stating that the Oregon law requiring her to determine if a candidate has "become disqualified" only pertains to the general election, not the GOP primary.

Trump's legal team has concurred with Griffin-Valade that the case should be dismissed due to procedural issues stemming from the state's ballot access laws.

This story has been revised to include additional details.