A lawsuit brought by a group of Colorado voters cited the Constitution's 14th Amendment in their effort to prevent Trump from getting on the state ballot in 2024.
A lawsuit brought by a group of Colorado voters cited the Constitution's 14th Amendment in their effort to prevent Trump from getting on the state ballot in 2024.
When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
— 28 USC 1446(b)(2)(A)
petitioners’ first claim, which is brought against Secretary Griswold,
makes it clear that the Secretary is not a nominal party.
— Chief Judge Philip A. Brimmer ruling
The Secretary Griswold is joined and Trump did not have the Secretary sign on to the request to be removed. Therefore the request is deficient.
"Because Secretary Griswold accepted service before Mr. Trump removed the case and she did not join in or consent to removal, the Court finds that removal was defective"
This is about whether his name can be on the ballot after his attempted coup due to the 14th amendment addressing civil war rebels. If a Rep president pardons him, eh, who cares? He still can't run any time soon.
When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
— 28 USC § 1446(b)(2)(A)
The State Secretary had already joined before the request to remove was filed. The request was deficient without the Secretary also joining the request to remove.