Judge rejects Trump’s request to move Colorado ballot case to federal court

stopthatgirl7@kbin.social to News@lemmy.world – 232 points – Judge rejects Trump’s request to move Colorado ballot case to federal court
nbcnews.com

A lawsuit brought by a group of Colorado voters cited the Constitution's 14th Amendment in their effort to prevent Trump from getting on the state ballot in 2024.

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Wait, why? Not to complain, but it's essentially law that when federal courts have jurisdiction, a civil case may be 'removed' from state court and into federal (district) court upon the defendant's request -- and it seems pretty clear that federal courts have jurisdiction over civil cases arising under the Constitution. I guess the court technically has discretion in some cases, but that's pretty surprising.

When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.

— 28 USC 1446(b)(2)(A)

petitioners’ first claim, which is brought against Secretary Griswold,
makes it clear that the Secretary is not a nominal party.

— Chief Judge Philip A. Brimmer ruling

The Secretary Griswold is joined and Trump did not have the Secretary sign on to the request to be removed. Therefore the request is deficient.

technical defect;

"Because Secretary Griswold accepted service before Mr. Trump removed the case and she did not join in or consent to removal, the Court finds that removal was defective"

That's actually hilarious. The legal consequence of not thinking about anyone other than himself.

Because presidents can pardon federal sentences but not state. If he went to jail the first Republican president would pardon him on day 1.

This is about whether his name can be on the ballot after his attempted coup due to the 14th amendment addressing civil war rebels. If a Rep president pardons him, eh, who cares? He still can't run any time soon.

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