A federal judge in Arizona is the latest to dismiss a case looking to knock former President Donald Trump off the 2024 ballot, rejecting claims that the U.S. Constitution’s insurrection clause forbids him from holding federal office.
Judge Douglas Leroy Rayes, an Obama appointee, dismissed a case launched by John Castro, a long shot GOP presidential candidate, arguing Mr. Trump can’t run for office due to Section 3 of the 14th Amendment, which forbids anyone who engaged in a rebellion from serving in public office.
It was at least the seventh state that has seen court rulings against the former president’s critics trying to keep him off the 2024 presidential ballot based on the Jan. 6 U.S. Capitol riots, and the Trump campaign quickly took a victory lap.
“Trump remains undefeated in beating back these scurrilous lawsuits brought forth by a thirsty, Biden-allied troll in a desperate publicity campaign,” said Steven Cheung, a Trump campaign spokesman.
“Each and every one of these ‘Castro Cases’ are not only a feeble attempt to interfere with the 2024 presidential election, but they are a huge waste of time for our nation’s judiciary. We urge the swift disposal of all remaining 14th Amendment cases putting this matter to rest faster than the recently deceased term ‘Bidenomics,’” he said.
Mr. Castro has filed a number of these lawsuits in states across the country, but so far none have succeeded.
“Castro is not genuinely competing with Trump for votes or contributions, and therefore is not suffering a concrete competitive injury,” the judge wrote, dismissing his Arizona case.
Mr. Castro has filed a notice of appeal to the 9th U.S. Circuit Court of Appeals.
Last week, a Rhode Island judge also dismissed a case launched by Mr. Castro. The Supreme Court also rejected an appeal from him on a separate Florida case.
Meanwhile, liberal advocacy groups have appealed lower court rulings in Colorado and Michigan that would keep Mr. Trump on the primary ballot next year, also asserting that the Constitution’s clause against insurrectionists forbids him from being reelected following the 2021 Capitol attack.
Citizens for Responsibility and Ethics in Washington, a left-leaning watchdog group, filed an appeal on behalf of a group of voters with the Colorado Supreme Court, after a trial judge rejected their claim that Mr. Trump can’t be on the state’s primary ballot.
The state’s Supreme Court is set to hear the case on Wednesday.
The judge in Colorado reasoned that Mr. Trump did engage in an insurrection, the insurrection clause of the Constitution preventing rebels from serving in office doesn’t apply to the presidency.
In a separate case, a Michigan judge gave the former president a partial win, saying Michigan’s secretary of state can’t keep his name off the 2024 primary ballot. Opponents of the president have also appealed that decision.
The Minnesota Supreme Court also dismissed a case on Nov. 8 in an order, saying it couldn’t prevent the state party from putting Mr. Trump‘s name on their ballot. It left the general election issue to be decided at a later date, saying advocates can renew their challenge.
New Hampshire officials have also moved to keep Mr. Trump on the ballot there.
Though Mr. Trump is facing several indictments, he has not been charged or convicted of leading an insurrection during the attack on the U.S. Capitol by Trump supporters.
Those hoping to remove Mr. Trump from state ballots point to the Constitution’s clause which reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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.”
