AlamogordoTownNews.com Couy Griffin & Cowboys for Trump to re-File Based on 10th Circuit U.S. Court of Appeals Decline

The 10th Circuit U.S. Court of Appeals declined to reverse the U.S. District Court's dismissal of Cowboys for Trump's allegation that New Mexico's Campaign Reporting Act was unconstitutional as reported yesterday.

The AlamogordoTownNews.com staff reached out to Couy Griffin for comment, and he said: "I just got off the phone with council. We are going to clean up the complaint and re-file. We are also going to file a stay to prevent the state from applying the fine and penalties of about $7800 until the complaint is revisited."

Opening the door for the ruling to be overturned the court suggested a potential path forward when it said:

"We will not disturb the district court’s ruling because plaintiffs failed to include allegations in their complaint related to registration and forfeited these arguments without arguing plain error," the Feb.15 ruling stated. "Had (Cowboys for Trump) included the allegations made for the first time in their reply brief in their complaint or made similar arguments in their opening brief, the challenge to the registration requirement may have been preserved. But they did not do so."

The initial suit filed was filed by Cowboys for Trump in 2020 after an arbitration between the two parties found that Cowboys for Trump fell under the jurisdiction of the Campaign Reporting Act.

Cowboys for Trump was founded by Otero County Commissioner Couy Griffin who has been viewed by some as a lightning rod of controversy.  Griffin has been the organization's spokesman since its inception and has led the organization in appearances around the country to include a visit with then President Donald Trump. 

Based upon the 10th Circuit U.S. Court of Appeals statement and the pending re-filing, Couy Griffin was feeling upbeat in relation to this case as it rewinds through the courts. 

Court Opinion Documents

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