Radio Recap - Breaking: Big Court Win for President Trump


Jay Sekulow

October 2, 2019

3 min read




The big news today is the big win for President Trump in a U.S. federal court in California, on what was an incredible challenge aimed at keeping the President of the United States off the ballot.

On today’s Jay Sekulow Live, we discussed the major court victory and what it means for the Constitution. Judge England’s ruling enjoining the enforcement of the statute requiring candidates for the Presidency to turn over tax returns was a significant victory for the Constitution.

The state of California passed a requirement over and above the Constitution’s Presidential Qualification Clause into law. Tax returns would be required to be turned over in order to be included on the ballot.

This law, in my opinion, violated Freedom of Association, Freedom of Speech, the Equal protection Clause, and the Presidential Qualification Clause.

This was an attempt by the Left to add additional qualifications to be on the ballot that are not contained in the Constitution itself. If the law were to stand it would be unprecedented.

This was a blatant attempt to rewrite the Constitution, which is very clear on this matter. Article 2, Section 1, Clause 5 of the Constitution states:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

There it is. It’s as clear as can be. Those are the qualifications to run for President. But California essentially said: “Oh no, we want to add a different requirement. You have to release your tax returns.”

Which, by the way, Federal income taxes didn’t even exist at the time of the adoption of the Constitution.

In his Griffin v. Padilla opinion, U.S. District Judge Morrison England stated:

“At base, the Act seeks to punish a class of candidates who elect not to comply with disclosing their tax returns by handicapping their access to the electoral process. This is plainly impermissible.”

The victory in this case is a victory for all of us and the Constitution.

As ACLJ Senior Counsel and Director of Policy Harry Hutchison said on the show:

“This was tremendous victory because the statute at issue is apparently illegal and unconstitutional. It was really aimed at only one person. California claimed that the release of one’s tax returns was indeed customary. The judge looked at the facts. I think it is clear beyond question that California was attempting to change the rules midstream and they were attempting to change the rules in violation of the constitution. The judge quite correctly issued a preliminary injunction enjoining the enforcement of this particular statute.

The Constitution is quite clear, quite simple, and straightforward. President Trump meets the Constitutional requirements to run for President of the United States. What we have here is a transparent attempt by the Left to rewrite the United States Constitution. Why? Because they dislike this particular President.”

This is such a significant victory not only for the President but for the Constitution. The Left tried to rewrite the Constitution, and they were blocked in this case.

You can listen to the full show here.