The ruling angered lawyers in the case who argued that the 1872 law applied only to Civil War confederates, not any insurrectionist in the future, and that a law could not usurp a constitutional amendment.
“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply tofutureinsurrections,” said Ron Fein, the legal director of Free Speech For People, an organization that helped with the case. “This is patently absurd.”
But Mr. Bopp said on Friday that, because the 14th Amendment applied to past and future insurrections, so did the subsequent amnesty. Judge Myers, a former law professor at the University of North Carolina and clerk at the U.S. Court of Appeals for the District of Columbia Circuit, agreed.
Mr. Fein called for the ruling to be appealed, but the activists who brought the challenge cannot do that. Since the injunction was aimed at the state, only the North Carolina State Board of Elections or the state attorney general can appeal, and it is not clear that either will get involved.
The challengers had hoped to at least get to question Mr. Cawthorn under oath for his role in stoking the violence that erupted at the Capitol on Jan. 6, 2021 and sympathizing with those who carried it out. Mr. Cawthorn had encouraged conservatives to gather in Washington on that day for a “Save America” rally behind the White House. He had urged Mr. Trump’s supporters to “call your congressman” to protest Congress’s official count of electoral votes to finalize the 2020 election results, adding, “you can lightly threaten them.” And after the riot, Mr. Cawthorn asserted that those jailed for storming the Capitol were “political hostages” that he would like to “bust” out of prison.