Federal judge in Nevada dismissed anti-Trump 14th Amendment ballot removal lawsuit

January 10, 2024
by
Ben Marquis

In multiple states across the country, opponents of former President Donald Trump have filed lawsuits that seek to have him disqualified from appearing on election ballots under the auspices of the "insurrection" clause of the U.S. Constitution's 14th Amendment.

One such lawsuit was just dismissed this week by a federal judge in Nevada due to a lack of standing for the plaintiff who filed the challenge against Trump's eligibility, The Hill reported.

That plaintiff is John Anthony Castro, a purported anti-Trump Republican presidential candidate who has filed several 14th Amendment-related ballot removal lawsuits in several states, albeit without any success thus far.

Lawsuit dismissed for lack of proper standing

In a four-page ruling issued Monday, U.S. District Judge Gloria Navarro declined to address the merits of the "politically charged question" Castro raised about former President Trump's eligibility to appear on ballots and hold public office in light of the 14th Amendment's "insurrection" clause.

Trump's critics have argued that Trump's alleged incitement and support of the Jan. 6 Capitol riot constituted him having been "engaged in insurrection or rebellion" against the United States after having previously sworn an oath to uphold the U.S. Constitution.

Unfortunately for Castro in Nevada, the judge wrote, "For the reasons discussed below, the Court finds that Castro lacks standing, and the Court therefore lacks jurisdiction to hear this case."

Plaintiff "improperly manufactured his standing" with bogus candidacy

Castro argued that he had standing to sue because he was a "political competitor" and candidate against former President Trump who would suffer an "injury" by way of receiving fewer votes in Nevada's primary election if the ineligible Trump were allowed to appear on the ballot.

However, Judge Navarro observed that Castro's claimed standing had already been rejected in five other district courts -- Arizona, Florida, New Hampshire, Rhode Island, and Washington D.C. -- because "courts have found that Castro improperly manufactured his standing merely to file this lawsuit."

Indeed, the judge cited in support of that conclusion an Associated Press report -- ironically submitted for the court's consideration by Castro himself -- about registering for the New Hampshire primary in which Castro admitted, "I’m not going to lie and pretend my candidacy is anything more than trying to enforce the United States Constitution, and that’s what I’m here to do."

Navarro wrote, "Having reviewed Castro’s filings, this Court agrees with the other courts that have already decided this issue and finds that Castro admits he 'is creating his own injury in order to manufacture standing.'"

Trump campaign responds to favorable ruling

Trump campaign spokesman Steven Cheung said in a statement, "Today’s dismissal of another bogus, bad-faith, Crooked Joe Biden-engineered attempt to deprive Americans as a whole, and the voters of Nevada specifically, of their right to vote for the candidate of their choice is not only a victory for President Trump, but a victory for all Americans and the people of Nevada."

"President Trump remains undefeated in federal court against these cynical efforts to interfere in the 2024 election," he continued. "Courts in eleven states have now dismissed similar, pathetic, 14th Amendment ballot cases."

"Make no mistake, each and every one of these 'ballot-challenges' are blatant attempts to steal the election for Crooked Joe Biden and disenfranchise over 100 million American voters," Cheung asserted.

The spokesman added, "President Trump is the leading candidate for not only the Republican primary, but the general election, and his opponents are desperate. Rest assured that he will fight each and every one of these disgraceful attacks on American democracy, he will win, and we will all Make America Great Again."

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