Whether Trump should appear on the 2024 Republican Ballot will be decided by the Supreme Court.
John Castro, a Republican tax attorney who is also running for the Republican nomination in next year’s Presidential election, petitioned the Supreme Court in August to decide whether political candidates can challenge the eligibility of another candidate of the same party running for the same nomination “based on a political competitive injury in the form a diminution of votes.”
But Trump Wasn’t Charged With Insurrection?
Castro’s lawsuit argues that Trump should not be allowed to run in 2024 based on section three of the 14th Amendment that bars individuals from obtaining public office if they have “engaged in insurrection or rebellion” against the United States.
Although it’s undeniable that Trump played a role in the January 6 Capitol riot, he has not been charged with insurrection.
The former president blasted Castro’s attempt to have him removed from the ballot on Turth Social on Monday, calling it a “long shot” and asserting that “all legal scholars” think “The 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election.”
Trump then ranted: “Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. MAKE AMERICA GREAT AGAIN!”
Justices Likely to Side With Trump
Speaking to Newsweek in April, former federal Prosecutor Naema Rahmani said it was unlikely the justices would side with Castro as Trump has not been charged with sedition, adding, “A conviction is not required under the plain language of the Constitution, but it’s telling that even those prosecuting Trump don’t believe that there is enough evidence to convict him or insurrection or sedition.”
A similar suit bought by Floridian tax attorney Lawrence Caplain was dismissed. Judge Robin Rosenburg noted that the lawsuit lacked standing and the “alleged injuries” were not “particular” to the plaintiff.
“An individual citizen does not have standing to challenge whether another individual’s qualified to hold public office,” he added.
However, Castro believes his case has enough standing because he is directly impacted by Trump being on the ballot since he is “competing for the same political position, within the same political party” and “appealing to the same voter base.”
Castro’s Supreme Court petition reads:
- “Throughout his campaigning efforts to date, Castro has spoken to thousands of voters who have expressed that they would vote for Castro only if Trump is not a presidential candidate as they maintain political loyalty to Trump.
- Castro will further suffer irreparable competitive injuries if Trump, who is constitutionally ineligible to hold office, is able to attempt to secure votes in primary elections and raise funds. Trump’s constitutionally unauthorized undertaking will put Castro at both a voter and donor disadvantage.”
- John Castro v. Donald Trump is expected to be decided by the Justices by October 9.