Thomas, who is under fire over claims of ethical lapses, was criticized for not recusing himself from a separate Jan. 6-related case because his wife, Virginia “Ginni” Thomas, supported then-President Donald Trump’s efforts to overturn the 2020 election.
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Eastman’s case also involved the now-defunct Jan. 6 committee, centering on the former law professor’s efforts to prevent his former employer, Chapman University, from handing over emails.
Eastman had pushed the discredited argument that then-Vice President Mike Pence had the power to refuse to certify the 2020 presidential election results.
Castro argued in his appeal that Trump is ineligible to be on the ballot under the Constitution’s 14th Amendment because of his “aid and comfort to the convicted criminals and insurrectionists that violently attacked our United States Capitol on January 6, 2021.”
Although some legal scholars have backed the argument, others have dismissed it, pointing out the difficulty of enforcing the constitutional provision and questioning whether Trump’s actions rose to the level of “insurrection or rebellion.”
Trump is facing criminal charges for his role in events leading up to Jan. 6 and was also impeached by the then-Democratic controlled House of Representatives in the days after the episode.
Even before the Supreme Court rejected Castro’s appeal, it had signaled a lack of interest in the case by not even asking Trump’s legal team to file a response.
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