On November 21, the First Circuit issued an opinion in Castro v Scanlan, 23-1902. Here is the opinion. It says that John Anthony Castro, the Republican presidential candidate from Texas who has been suing to keep former President Donald Trump off various Republican primary ballots, does not have standing.

The decision says that Castro hadn’t even filed for the New Hampshire presidential primary ballot when he filed his lawsuit on September 5. Of course, no one had filed for that primary yet. But the decision then says that even if Castro had filed, he still wouldn’t have standing because his campaign in New Hampshire is so weak.

The decision is by Judge David J. Barron, an Obama appointee. It is also signed by Judges Gustavo Gelpi and Lara Montecalvo, who are Biden appointees. It does not express any opinion about other issues in cases like this. The U.S. District Court had also found that Castro lacked standing, and in addition the U.S. District Court said these type of cases are non-justiciable “political questions”, but the First Circuit didn’t settle that issue.

The decision was issued on Monday, November 20, 2023, with a 2-1 vote.

Here is the Eighth Circuit’s Decision.

Here is the latest on this matter from CNN.

The state Court judge ruled that the 14th Amendment does not apply to Presidents of the United States. UPDATE: here is the decision in Anderson v Griswold, Denver district court, 2023cv-32577. The Colorado Supreme Court will hear the appeal on December 6. Both sides are appealing. The plaintiffs, who want to keep Trump off the ballot, disagree with the state lower court’s conclusion that section three of the 14th amendment doesn’t apply to president and vice-president. Trump disagrees with the part of the ruling that says he engaged in insurrection.