U.S. District Court in West Virginia Dismisses Lawsuit Designed to Keep Donald Trump Off the West Virginia Republican Primary Ballot

On December 21, U.S. District Court Judge Irene C. Berger, an Obama appointee, dismissed John Anthony Castro’s lawsuit on whether Donald Trump should be on the West Virginia Republican presidential primary ballot.  Castro v Warner, s.d., 2:23cv-598.  Here is the decision.

No one is yet on the West Virginia Republican primary ballot, which will be held May 14.  Castro asserted that he will be on the ballot.  The decision assumes that is true, but says because his campaign is so weak, he doesn’t have standing.  Castro has appealed to the Fourth Circuit.


Comments

U.S. District Court in West Virginia Dismisses Lawsuit Designed to Keep Donald Trump Off the West Virginia Republican Primary Ballot — 10 Comments

  1. This was the best part of the Castro W.V. lawsuit …

    —>In directing supplemental briefing, the Court cautions the Plaintiff to focus on factual and legal arguments, rather than personal attacks. Although Mr. Castro receives some leeway in his filings as a pro-se litigant, despite his representation that he possesses a law degree, his filings contain numerous examples of clearly inappropriate attacks. {See, e.g., Document 24 (referring to “the U.S. Magistrate’s willful blindness”); Document 28 (stating that “[i]f this Court had any self-respect, it would sanction WVGOP’s frivolous filings”); Document 31 (expressing “serious concerns about the competency of the Clerk’s Office” and “demand[ing] this Court have a discussion with the staff of the Clerk’s Office to take their work more seriously” because a document filed by an unrelated party was briefly misidentified as being filed by Mr. Castro); Document 48 (“the U.S. Magistrate Judge’s half-witted actions and inactions have brought to light the unconstitutional nature of the role of U.S. Magistrate Judges in our federal judicial system”); Document 53 (“Defendant Secretary of State is advised to read the Federal Rules of Civil Procedure.”); Document 54 (“WVGOP’s filings have already exhibited a gross degree of intellectual deficiency” and “This Court should be ashamed of itself for allowing WVGOP to make a mockery of it.”); Document 63 (“Once again, Third-Party Plaintiff West Virginia Republican Party exhibits their gross lack of understanding of the Federal Rules of Civil Procedure;” “WVGOP seems confused by this;” “WVGOP has exhibited a severe degree of intellectual deficiency”). This list is not exhaustive.} Discussion of the facts and the law will guide the Court’s decisions, and derisive commentary is of little value to the Court in resolving motions. In several filings, Mr. Castro has attacked the character or intelligence of opposing counsel, as well as judges and court staff. The Court’s docket is not a social media feed, and any future filing with ad hominem attacks, inappropriate statements about individuals involved in this litigation, or other snide and malicious comments will be stricken from the record.

    https://reason.com/volokh/2023/10/31/interesting-standing-dispute-in-fourteenth-amendment-section-3-case-against-trump/<—-

  2. https://www.usatoday.com/story/money/2023/12/06/top-1-american-earners-more-wealth-middle-class/71769832007/

    The top 1% of American earners now own more wealth than the entire middle class
    Daniel de Visé
    USA TODAY
    The top 1% of American earners now control more wealth than the nation’s entire middle class, federal data show.
    More than one-quarter of all household wealth, 26.5%, belongs to Americans who earn enough money to rank in the top percentile by income, according to Federal Reserve statistics through mid-2023.
    The top 1% holds $38.7 trillion in wealth. That’s more than the combined wealth of America’s middle class, a group many economists define as the middle 60% of households by income. Those households hold about 26% of all wealth.
    Low-income Americans, representing the bottom 20% by income, own about 3% of the wealth.

    ONE RESULT OF THE MINORITY RULE GERRYMANDERS IN THE USA SINCE 1776.

    PR
    APPV
    TOTSOP

  3. Thank you, that’s what I meant. I neither know nor care whether AZ and Sarcastic Fruitfly are the same person or not.

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