Supreme Court’s Chilling Decision On Case Regarding Jan. 6 Defendant

Supreme Court Dismisses Case From Jan. 6 Defendant, Preventing Him From Holding Future Office

The Supreme Court declined to hear an appeal by a former New Mexico county commissioner, who was banned from holding office after taking part in the Jan. 6, 2021 Capitol Incident.

Couy Griffin, the former Otero County commissioner and founder of organization “Cowboys for Trump,” is the only elected official to have been banned from office in connection with Jan. 6. Griffin was banned by a state court under an interpretation of Section 3 of the 14th Amendment of the U.S. Constitution.

The court’s decision to not take the case means that the lower court ruling handed down in 2022 will stand, and that Griffin will be unable to be elected at any level in the state of New Mexico. There was no comment on the matter and no dissents from the court. 

Earlier this month, the Supreme Court ruled that states lack the power to block former President Donald Trump and other federal officials from seeking office, after the Colorado Supreme Court attempted to bar him from state ballots under Section 3. 

However, the court said on Monday that different rules apply to local and state candidates and officials. 

“We conclude that states may disqualify persons holding or attempting to hold state office. But states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the presidency,” the court said when it handed down the Trump decision, which was unanimous.

Unlike President Trump, Griffin was convicted in federal court of entering a restricted area on the Capitol grounds on Jan. 6 and received a 14-day prison term. 

The sentence was offset by time served after his arrest in Washington, where he had returned to protest President Joe Biden’s 2021 inauguration. That conviction is under appeal.

Griffin argued that he entered the Capitol grounds on Jan. 6 without realizing that it had been designated as a restricted area. He said he attempted to lead a crowd in prayer using a bullhorn, without engaging in violence.

During an interview with CNN over his appeal, Mr. Griffin said that he believes his disqualification was done in an erroneous manner and said that the similar cases against President Trump are wrong.

“This whole thing started on a small scale, with them coming after me, with the specific goal of bringing it up the to the big stage with Donald Trump,” he told the channel. “I was the test case.”