On the afternoon of May 3, the Fourth Circuit heard arguments in Cawthorn v Amalfi, 22-1251. This is the case filed by Congressman Madison Cawthorn to stop North Carolina election officials from holding a hearing on whether he meets the qualifications to run for Congress. Cawthorn won in the U.S. District Court. The U.S. District Court Judge side-stepped the issue of whether states can judge the qualifications to run for Congress, and instead said that the “insurrection” language in the 14th amendment no longer applies because in 1872, Congress granted a blanket amnesty to anyone, past or future, who might be affected.

According to this story, neither side defended the decision of the U.S. District Court. Instead, James Bopp, an experienced election law attorney who is representing Cawthorn, maintained that state election officials can’t judge qualifications.

The three judges are James A. Wynn, an Obama appointee; Julius Richardson, a Trump appointee; and Toby Heytens, a Biden appointee. The news story says that Judge Wynn seemed incredulous that states cannot adjudicate residency, but there have been many congressional candidates in the last ten years who ran in states in which they did not reside.