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CAWTHORN v. AMALFI

No. 22-1251.

35 F.4th 245 (2022)

Madison CAWTHORN, Plaintiff-Appellee, v. Barbara Lynn AMALFI; Laurel Ashton; Natalie Barnes; Claude Boisson; Mary Degree; Carol Ann Hoard; June Hobbs; Marie Jackson; Michael Jackson; Anne Robinson; David Robinson; Carol Rose; James J. Walsh; Michael Hawkins; Melinda Lowrance; Ellen Beth Richard; Terry Lee Neal, Parties-in-Interest-Appellants. Constitutional Accountability Center, Amicus Supporting Appellants, and Damon Circosta, in his official capacity as Chair of the North Carolina State Board of Elections; Stella Anderson, in her official capacity as a member of the North Carolina State Board of Elections; Jeff Carmon, in his official capacity as a member of the North Carolina State Board of Elections; Stacy Eggers, IV, in his official capacity as a member of the North Carolina State Board of Elections; Tommy Tucker, in his official capacity as a member of the North Carolina State Board of Elections; Karen Brinson Bell, in her official capacity as the Executive Director of the North Carolina State Board of Elections, Defendants-Amici Curiae, and North Carolina Republican Party, Amicus Supporting Appellee, and Professor Derek T. Muller, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2022.

Attorney(s) appearing for the Case

ARGUED: Pressly McAuley Millen , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellants. James Bopp, Jr. , THE BOPP LAW FIRM, PC, Terre Haute, Indiana, for Appellee. ON BRIEF: Raymond M. Bennett , Samuel B. Hartzell , Scott D. Anderson , Margaret Hayes Jernigan Finley , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina; Ronald A. Fein , FREE SPEECH FOR PEOPLE, Newton, Massachusetts; John R. Wallace , WALLACE & NORDAN, LLP, Raleigh, North Carolina; James G. Exum, Jr. , Greensboro, North Carolina; Robert F. Orr , ORR LAW, Raleigh, North Carolina, for Appellants. Melena S. Siebert , THE BOPP LAW FIRM, PC, Terre Haute, Indiana, for Appellee. Elizabeth B. Wydra , Brianne J. Gorod , Praveen Fernandes , Charlotte Schwartz , CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., for Amicus Constitutional Accountability Center. Joshua H. Stein , Attorney General, Amar Majmundar , Senior Deputy Attorney General, Stephanie A. Brennan , Special Deputy Attorney General, Terence Steed , Special Deputy Attorney General, Mary Carla Babb , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Amici Curiae Defendants. Philip R. Thomas , NORTH CAROLINA REPUBLICAN PARTY, Raleigh, North Carolina; Kevin J. Cline , KEVIN CLINE LAW, PLLC, Raleigh, North Carolina, for Amicus North Carolina Republican Party. Michael Francisco , Michael A. Brody , McGUIREWOODS LLP, Washington, D.C., for Amicus Professor Derek T. Muller.

Reversed, vacated, and remanded by published opinion. Judge Heytens wrote the opinion, in which Judge Wynn joined. Judge Wynn wrote a concurring opinion. Judge Richardson wrote an opinion concurring in the judgment.

In 1868—three years after the end of "the late wicked Rebellion," Ex parte Milligan, 71 U.S. 2, 109, 4 Wall. 2, 18 L.Ed. 281 (1866)—the Constitution was amended to disqualify from future federal or state office certain public officials "who ... shall have engaged in...

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