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Reason
Reason
Jonathan H. Adler

Why Efforts to Throw Rep Cawthorn Off the Ballot Are Likely Unconstitutional

Some folks have argued that Section 3 of the 14th Amendment bars those who supported the January 6 assault on the Capitol or other efforts to overturn the 2020 election results from running for public office. Democratic party lawyer Marc Elias, for instance, has suggested that Section 3 should bar some Republican members of Congress from running for reelection,  Some voters in North Carolina have even filed a complaint to keep Rep. Madison Cawthorn off the ballot.

North Carolina voters may have good reasons to not want Rep. Cawthorn as one of their representatives in Congress. (I sure wouldn't.) Yet the effort to force him off the ballot is ill-advised and, as Professor Derek Muller explains in the Wall Street Journal, likely unconstitutional.

From Prof. Muller's piece:

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