On March 14, the North Carolina Republican Party filed this amicus curiae brief in Cawthorn v Circosta, 22-1251. This is the case over whether Congressman Madison Cawthorn can stop election officials from determining whether he meets the Constitutional qualifications to run for Congress. The
U.S. District Court had ruled in Cawthorn’s favor on the grounds that the Fourteenth Amendment, section three, relating to insurrection, is no longer in effect because Congress in 1872 granted a blanket amnesty that is still in force.
The Republican Party amicus brief takes no position on whether the Fourteenth Amendment, section three, is still in force. Instead it argues that state election officials do not have the power to judge qualifications. The brief is uncompromising on that point, and says, in effect, that states can’t keep people off the ballot for congress, even if they are under-age, or aren’t citizens. Instead, if someone who doesn’t meet the qualifications is elected, then Congress will likely refuse to seat that person.