On September 28, a U.S. District Court Magistrate in West Virginia recommended that no Temporary Restraining Order be issued in Castro v Warner, s.d., 2:23cv-598. This is one of the cases filed by John Anthony Castro, a Republican candidate for president, to prevent former President Donald Trump from appearing on various Republican presidential primary ballots.
The magistrate says that Castro has not provided evidence that he is being harmed by keeping Trump on the ballot. Castro argues that more campaign contributions and future votes would be available to him if Trump weren’t running, but the Magistrate says there isn’t evidence so far to support that idea. Here is the ruling, which is quite similar to a South Carolina ruling issued on September 27.
Castro is now permitted to respond. The judge will decide on whether to accept the Magistrate’s recommendation.
The magistrate also says the West Virginia Republican Party may intervene in the case.
IMO, given that Castro is a candidate, he has standing.
Nevertheless, the whole idea of keeping Trump off the ballot per Amendment 14 is weak.
However, a ruling would be good because it would clarify the issues raised per Amendment 14.
Walter: Per what Richard posted, it’s not a standing question; it’s a harms question.
Re the 14th, I agree in general, plus, as I’m sure you know, and as Richard has discussed more than once before, in primaries, versus the general, courts have long shown broad deference to political parties.
Castro, not certified to practice law in any state, should still know that, but perhaps doesn’t. https://socraticgadfly.blogspot.com/2023/09/will-john-anthony-castro-really-box.html
@JM,
Dr. Castro claims that lawyers practicing tax law do not require state registration.
Ought to be shot down for the simple fact that we do not vote for president, but rather presidential electors. All presidential nominees are just placeholders for the names of the actual electors which, oddly enough, are prohibited from being listed on the ballots per statutory election law. Something which most definitely needs to be changed.
I’m live-blogging all of the latest updates in Castro’s eighteen (18!) lawsuits against Trump. Check it out!
https://castrochronicles.tumblr.com/
Andreas, Thanks. Interesting. The guy is obviously nothing more than a pest.