A federal judge in Florida has dismissed a lawsuit brought by a Florida attorney who said former President Donald Trump cannot run for office on the basis of his having fomented an insurrection on Jan. 6, 2021, the day that protesters swarmed the U.S. Capitol to protest the certification of the election of Joe Biden.
Judge Robin L. Rosenberg of the Southern District of Florida ruled that attorney Lawrence Caplan, who filed the legal challenge, has no standing for lawsuit regarding Trump and the 14th Amendment.
“Plaintiffs lack standing to challenge defendant’s qualifications for seeking the presidency, as the injuries alleged are not cognizable and not particular to them,” the judge wrote in her opinion.
Caplan and other “Never Trumpers” say that the 14th Amendment says those who “have engaged in insurrection or rebellion” against the government cannot hold elected office.
Trump is far-and-away the leading Republican candidate in every poll, and barring an unforeseen incident, is heading toward a possible nomination by the Republican Party.
“The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the 14th Amendment,” the attorney wrote in his complaint, now thrown out by the judge.
Judge Rosenberg, appointed by President Barack Obama, did not rule on the question on fate 14th Amendment applying to Trump, but only on whether the man who brought the lawsuit has standing.