(CN) – Former presidential candidate Dennis Kucinich lost his constitutional challenge to the Texas Democratic Party’s loyalty oath in ruling by the 5th Circuit.
In order to appear on the Texas Democratic primary ballot, a candidate must take an oath to support the eventual Democratic nominee in the presidential campaign.
Kucinich crossed out the oath on his ballot petition and told the party that he would only support a candidate who did not use war as an instrument of foreign policy.
The Cleveland-area Congressman also challenged the rule as an unconstitutionally vague burden on his rights.
The trial court denied Kucinich’s petition, and he did not appear on the ballot in Texas. The 5th Circuit affirmed the decision, ruling that the loyalty oath may be difficult to enforce, but it is not vague.
“Kucinich was asked to undertake an unenforceable moral obligation to comply in the future by supporting the outcome of the Democratic Party’s presidential nominating contest,” Judge Jones wrote.