Lopez v. Rodriguez

Background

Luther Lopez, proceeding without a lawyer, sued New York Secretary of State Robert Rodriguez in his official capacity. Lopez sought an order preventing Donald J. Trump from appearing on the 2024 presidential-election ballot. Lopez argued that Trump was disqualified under Section 3 of the Fourteenth Amendment because Trump had allegedly given aid, comfort, and financial support to people who participated in the January 6, 2021 attack on the United States Capitol.

The court had previously allowed Lopez to proceed without prepaying filing fees. Because Lopez proceeded under the statute allowing a person to file without prepaying fees, the court was required to dismiss the complaint if it was frivolous, malicious, failed to state a claim for relief, or sought relief from an immune defendant. The court also had to dismiss claims over which it lacked subject-matter jurisdiction. Although courts read complaints filed without lawyers liberally, those complaints must still state a legally valid claim.

Ruling

The court relied on the Supreme Court’s decision in Trump v. Anderson, which held that responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress, not the states. The Supreme Court also held that enforcement requires Congress to enact legislation under Section 5 of the Fourteenth Amendment. Based on that decision, the court concluded that Lopez’s claims were foreclosed and dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

The court declined to give Lopez an opportunity to amend because it determined that the defects could not be corrected through amendment. It terminated all other pending matters, directed the Clerk of Court to enter judgment, and certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied Lopez the ability to proceed without prepaying fees for an appeal.