Embolden by Colorado and Maine Democrats removing former President Donald Trump from their state ballots, far-Left activist Gene Stilp has asked a Pennsylvania court on Tuesday to bar U.S. Rep. Scott Perry from the swing state’s primary ballot.
In his seven-page lawsuit, Stilp cited Section 3 of the 14th Amendment, the same clause lawyers used to block Trump from the primary ballot in Maine and Colorado.
Stilp had previously filed another, similar lawsuit against Trump in one of Pennsylvania’s federal courts.
He asked Pennsylvania’s Commonwealth Court to declare that Perry engaged in insurrectionist activity and cannot hold public office under the Constitution’s insurrection clause.
Perry has not been charged with a crime. However, he did have his cell phone seized by the FBI in their investigation over the Jan. 6 efforts to interrupt congressional proceedings.
Last month, Perry was ordered to turn over more than 1,600 texts and emails to FBI agents. Perry did not appeal the order, according to his lawyer’s remarks to the Associated Press at the time.
The challenge comes on the heels of Maine’s Democratic secretary of state decision to remove Trump from the state’s presidential primary ballot under the clause and a ruling by the Colorado Supreme Court that booted Trump from the ballot there.
Trump is expected to appeal, and win, both cases in the U.S. Supreme Court.
In a statement, Perry’s lawyer, John P. Rowley, expects Trump’s appeals to nullify the lawsuit against Perry and called the lawsuits undemocratic.
“This lawsuit was filed by a partisan activist who clearly has no regard or understanding of how our Democratic Republic works,” Rowley wrote.
“It is but the latest effort by an extremist to disqualify a duly elected official with whom he disagrees. We are confident the Supreme Court will put an end to this lunacy.”
Secretary of State Al Schmidt has remained silent on the efforts to block Perry. However, Schmidt’s office has opposed Stilp’s effort to remove Trump from the ballot in Pennsylvania.
Stilp withdrew his anti-Trump lawsuit from the federal courts last week. He plans to file a new lawsuit in state court, and he estimates a better chance of success there than in federal court.
Stilp and other far-Left activists have been accused of “litigation tourism.”
Section 3 of the 14th Amendment — the insurrection clause — bars those who “engaged in insurrection” from office.
With its use of the term “insurrection,” the clause has been applied mostly on Confederate secessionst efforts in the post-Civil War Reconstruction period.
The clause fell into disuse after an amnesty policy for ex-Confederates, and it was used only once in the entire 20th century, according to one review.
However, the insurrection clause has attracted renewed interest since the Jan 6th Capitol riot.
The clause has also been invoked by liberal activists against Republican Reps. Paul Gosar of Arizona, Andy Biggs of Arizona, and Marjorie Taylor Greene of Georgia. These three liberal efforts ultimately failed in court.
Perry, a six-term incumbent, represents a district rated R+5. He is expected to announce a re-election campaign sometime after Jan. 23, the first day for candidates to file. Candidates must file before Feb. 13.
The Horn editorial team and the Associated Press contribtued to this article.