Posted on 12/21/2023 6:03:02 PM PST by nickcarraway
Unlike in Colorado, a case brought in federal court to keep former Republican president Donald Trump off of the primary and general election ballots in West Virginia was dismissed.
In a memorandum opinion and order released Thursday evening, U.S. District Judge Irene C. Berger granted motions made by attorneys for Trump, Secretary of State Mac Warner and the West Virginia Republican Party to dismiss a lawsuit brought in September by Texas resident and write-in presidential candidate John Anthony Castro.
Berger also ordered that Castro’s case be dismissed without prejudice, which would allow Castro to possibly file the case again during the candidate filing period in West Virginia beginning Monday, Jan. 8, through Saturday, Jan. 27.
“This is a big win for the integrity of our elections,” said Attorney General Patrick Morrisey in a statement Thursday evening. “This lawsuit was frivolous to begin with and without merit — it had no basis in either law or fact. Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest.”
Castro was seeking a federal court order prohibiting Trump from being placed on the 2024 Republican primary ballot in West Virginia, arguing that the 14th Amendment to the U.S. Constitution prevents Trump from holding future federal offices.
Castro believes that Trump’s words and actions leading up to the certification of the 2020 presidential election by Congress on Jan. 6, 2021, helped fuel a riot at the U.S. Capitol by Trump supporters attempting to stop the certification of President Joe Biden.
The lawsuit, filed Sept. 7 in the U.S. District Court for the Southern District of West Virginia, is one of two dozen lawsuits filed by Castro in other states attempting to block Trump’s ballot access. Castro claimed that allowing Trump on West Virginia’s ballot next year will harm Castro’s ability to campaign and fundraise, though Castro has reported no donations to date to the Federal Election Commission.
In her memorandum opinion, Berger said that Castro’s lawsuit was disingenuous, considering that there were no signs that Castro had actively campaigned for president in West Virginia or had any campaign presence in the state at all.
“The evidence establishes that he has no campaign offices, staff, or advertising in West Virginia, does not appear in polling, has little name recognition among West Virginia Republican primary voters, and has extremely minimal campaign funds, vastly insufficient to run an actual campaign,” Berger wrote. “If there were any question as to whether the allegations in the complaint are sufficient to overcome a facial challenge, the evidentiary submissions remove any doubt that Mr. Castro’s purported ‘campaign’ exists as a vehicle for pursuing litigation, not votes.”
Berger cited admissions by Castro in a similar lawsuit in New Hampshire where Castro admitted that he had no campaign activities beyond filing lawsuits to block Trump from the ballots in multiple states. Beyond that, Berger said Castro was unable to show how Trump being on the ballot would harm his write-in presidential campaign.
“The law is not well-developed with respect to standing based on political competition,” Berger wrote. “However, the Court finds that Mr. Castro’s complaint relied on supposition and speculation: that if Mr. Trump were removed from the ballot, his voters and contributors would default to other candidates, including Mr. Castro. But he supplies no specifics to support the conclusion that any Trump voters would become Castro voters if his suit was successful.”
Berger’s ruling is the opposite of a ruling made Tuesday by the Colorado Supreme Court, which decided that Trump was ineligible for the Colorado primary ballot because of Section 3 of the 14th Amendment to the U.S. Constitution, which states that “No person shall … hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
According to Politico, the Colorado Republican Party and Trump plan to appeal the Colorado Supreme Court’s decision to the U.S. Supreme Court and seek an expedited ruling. The ruling has been stayed pending appeal.
Remember, when conservatives file “creative” legal theories, the attorneys get sanctioned for “frivolous” lawsuits. But when libtards file insane lawsuits with crazy liberal theories, they may or may not win, but they never get sanctioned for trying, so they can keep attacking non-stop until they get a win.
Leftists are always on offense. Conservatives always playing prevent defense.
Obama appointee. Although none of these clown judges dismiss this out of hand on the simple basis that Trump hasn’t been convicted of anything, and if he had, the Constitutionmis not clear as to if the 14th Amendment applies to the office of President, which it doesn’t because impeachment is the only vehicle to try Presidential conduct, of which he has been acquitted. We are a nation of idiots.
What the heck, Texas? Your boy’s trying to make a mess in my future state. Would you keep him home with you if he can’t behave outside?
Ban all ‘Rat, fascist, commie candidates from the ballot.
Including Manchin.
2024 is going to get me sick to my stomach, I can tell already, once again the DemoMarxist domestic enemies will be running amok, pulling their 3rd world unconstitutional BS and the RINOpublican under that brain dead corpse McConnel are going to remain in a catatonic state.
THIS is a prime leader of the GOPee?
Lord, help us....
“Conservatives always playing prevent defense.”
Heckuva football analogy.
Someone tried this in Kansas but withdrew.
It’s unbelievable. This is a country that is suppose to run on a two party system with each party keeping the other in check. When one party becomes catatonic the other party runs amok which is exactly what is going on today and unless this stops, this country is finished.
This “republican” is about as phoney as it gets.
Occupation Tax advisor
Political party Republican (2020–present)
Other political affiliations Democratic (before 2020)
So, he is a prog that is currently passing itself off as a republican.
Yeah, a few little problems with that, it still lies like a neo-communist “democrat.”
.
“”He was banned from participating in Georgetown University Law Center’s job fair as a student and then later on as an employer over what the university claimed were “deliberate misrepresentations on his resume”; the university had considered expelling him over the matter but ultimately decided against it.[4] These alleged misrepresentations included serving as a cadet at the United States Military Academy at West Point when he had spent one year at the United States Military Academy Preparatory School, a military-style prep school for students not yet academically qualified to attend West Point, and then dropped out. Castro claimed there was no misrepresentation, as he claimed had been conditionally accepted to West Point with the first year at the prep school, but withdrew after the first year””
The little skuzzball could not even get out of college without getting busted for lying.
But wait, there is more!
Start at “Career,” it is actually a fun read.
https://en.wikipedia.org/wiki/John_Anthony_Castro
This is an absolutely typical prog trying to lie and bully its way through life.
He learned nothing by his 100% string of failures and is still out there blowing BS in all directions.
I suspect it will meet an untimely end at the hands of someone he screwed over.
For now, there is nothing we can do to keep him out of Texas.
.
“That’s a shame.”
.
California is gearing up to try the same thing.
Wish the SCOTUS would address this.
Patrick Morrisey continues to be an excellent AG.
considering that there were no signs that Castro had actively campaigned for president in West Virginia or had any campaign presence in the state at all.
Indeed. I've never heard of the bassturd.
Her Honor:
She’s never been seen in the same room with Stacy the Hutt.
True ... On the other hand, she told this Texan jackass to pound sand. Stacy the Hutt would have been on her knees in front of him ...
An actual case where Castro had “no standing”...
You should have to be able to dress yourself and not wear plastic underwear to stain the seats of government.
Hmm. Thing is, from what i gather from the article this judge threw the case out because claimant couldn´t show he has a horse in this race. The article says nothing about whether she thinks Trump is disqualified.
That is, as I understand, the correct procedure. One does not proceed to the merits of the case if the case shouldn’t even exist in the first place. That principle is often abused in, for example, election fraud cases. It’s still valid.
I agree. I was just trying to point out that the judge didn`t throw out the case on merit. In that sense it`s not much of a victory.
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