Trump Scores Victory From Obama-Appointed Judge

Former President Donald Trump just scored a legal victory from an Obama appointee who sided with Trump's 2024 presidential campaign.

Judge Robin Rosenberg, who was appointed by President Barack Obama in 2014, swiftly dismissed a case challenging Trump's candidacy just a week after the lawsuit was filed.

The case, brought by Boynton Beach tax attorney Lawrence Caplan and two others, argued that Trump's name should not be allowed to appear on the Florida presidential primary ballot next year because of his alleged role in the January 6, 2021, Capitol riot.

Robinson told the plaintiffs on Friday that their case lacked standing to bring a challenge under the Constitution's 14th Amendment. However, she did not rule more generally on whether the clause applies.

 Donald Trump Thumps Up in Atlanta, Georgia.
Former President Donald Trump gives a thumbs-up as he arrives at Atlanta Hartsfield-Jackson International Airport on August 24, 2023, in Atlanta, Georgia. Judge Robin Rosenberg, who was appointed by President Barack Obama in 2014, has... Joe Raedle/Getty

Trump has blasted a number of Obama appointees in the last few years for ruling against him in his various legal woes. Most recently, his attacks have been targeted at U.S.

District Judge Tanya Chutkan, who is presiding over Trump's federal election interference case. After she set the trial date for March 4, 2024, Trump lashed out at the judge on Truth Social, calling Chutkan "a biased, Trump Hating Judge."

Newsweek reached out to Trump via email for comment.

In his lawsuit, Caplan pointed to the disqualification clause in the 14th Amendment that states those who have engaged in insurrection or rebellion against the government cannot hold office.

Citing the attack on the Capitol, Caplan said in the filing: "The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the 14th Amendment."

But Rosenberg said the lawsuit lacked standing and noted that "the injuries alleged" in the filing were not "cognizable" nor "particular" to the plaintiffs.

"An individual citizen does not have standing to challenge whether another individual's qualified to hold public office," Rosenberg added.

There are other 14th Amendment challenges being brought by Republican presidential candidates who argue that Trump's name on the 2024 ballot would negatively impact them.

Caplan told Newsweek he isn't planning to appeal Rosenberg's order but that he may file a similar action in the D.C. District Court where he doesn't believe there would be the same "standing" issue.

Although Rosenberg was quick to dismiss the legal challenge questioning Trump's ability to run for president again, state officials in New Hampshire and Michigan have said they're looking into whether Trump's campaign would cause any conflict with the 14th Amendment.

Former 4th Circuit Appeals Court Judge J. Michael Luttig, a conservative, and legal scholar Laurence Tribe, a liberal, penned an article for The Atlantic this month that said Trump's actions following his 2020 electoral loss "place him squarely within the ambit of the disqualification clause." Caplan told the Hill last week that the article is what prompted him to file the lawsuit against Trump's campaign.

"The law is the law," Caplan said. "We'll see whether or not the judges have the guts to follow the law."

Update 9/1/23, 3:14 p.m. This story was updated with comment from Caplan.

Update 9/5/23, 7:48 a.m.This article and its headline were updated to better reflect Rosenberg's decision.

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Katherine Fung is a Newsweek reporter based in New York City. Her focus is reporting on U.S. and world politics. ... Read more

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