A federal appeals court ruled Tuesday that a post-Civil War amnesty law does not extend to shield future insurrectionists in a legal bid seeking to disqualify RepCawthorn over his alleged role in the Jan. 6 Capitol riot.
The three-judge panel on the U.S. Court of Appeals for the 4th Circuit reversed a lower court's determination that a federal law from 1872 that granted amnesty to almost all former members of the Confederacy barred Cawthorn from facing a lawsuit brought under the 14th Amendment.
Two other judges on the panel, James Wynn, an appointee of former President Barack Obama, and Julius Richardson, an appointee of former President Donald Trump, joined the judgment and wrote separate concurring opinions. "This ruling cements the growing judicial consensus that the 1872 Amnesty Act does not shield the insurrectionists of January 6, 2021 — including Donald Trump — from the consequences of their actions under the Fourteenth Amendment, and provides no basis to block state proceedings seeking to exclude insurrectionists from the ballot," wrote Free Speech For People, an advocacy group that challenged Cawthorn.
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