While the Supreme Court decides whether and how to keep Donald Trump on the ballot, another insurrection case is headed to the justices. On Friday in private conference, they’re set to consider a petition from Couy Griffin, a former New Mexico county commissioner who was convicted in a Jan. 6-related case. A state judge ordered Griffin, who co-founded Cowboys for Trump, removed and barred from office.
As NBC News reported, Griffin’s appeal and Trump’s pending case raise similar issues. (Note that Griffin’s appeal is unrelated to the 1869 “Griffin’s case” that was discussed at last week’s oral argument in Trump v. Anderson.) Among the questions Griffin is raising to the justices is whether courts have the authority to adjudicate 14th Amendment challenges without congressional legislation. Justices voiced related concerns at Trump’s hearing, though they seemed more bothered about federal offices and the presidency, which might not help Griffin.
No matter how the justices resolve Trump’s case, they aren’t required to take up Griffin’s. They might not be eager to get further into the issue than they are already, and the court may hold off on deciding what to do with Griffin’s petition until Trump’s case is decided. But while the justices are attempting to craft their decision in Trump’s case, this latest petition serves as a reminder that the eligibility issue extends beyond the former president and, depending on how the high court rules in Trump v. Anderson, might not be going away.
Subscribe to the Deadline: Legal Newsletter for weekly updates on the top legal stories, including news from the Supreme Court, the Donald Trump cases and more.
