Former President Donald Trump has been yet again challenged for his run for President, this time in Nevada.
John Castro, a former GOP presidential candidate, challenged his run for the presidency based on the 14th Amendment, section 3 which states the disqualification of an individual from holding official offices if they are engaged in any unlawful activities back in 2023.
However, the proposal was rejected by federal judge Gloria Navarro in Nevada on Jan 9 stating the unauthentic standing of John Castro, who had stood for the elections just to gain the legal standing to file the suit. He had given a statement to The Associated Press admitting he had no intention of a serious campaign.
The 14th Amendment’s Section 3
The 14th Amendment Act is an important aspect of U.S. legislation that expanded the Civil and legal rights of the citizens after the Civil War mainly with Section 3 added as an amendment. It aims at preventing any official, seen as a threat to the nation, from holding office.
The Ongoing decision over the Lawsuit.
In his South Carolina lawsuit filed in September, Castro argued that Trump had encouraged an insurrection that led to the Jan 6 Capitol riot along with protecting those convicted later, thus violating the 14th Amendment Act. The lawsuit was agreed upon by a majority of 4-3 Colorado Supreme Court leading to the cancellation of Trump’s ballot from the state.
However federal Magistrate Judge Shiva Hodges reviewed his claim and asked Judge Geiger Lewis to cancel it due to his lack of standing for the campaign. His lawsuit was partly successful as he gained the support of several Colorado voters.
His Lawsuit rejected in other states
He had filed similar cases against Trump in many states, four of which in New Hampshire, Florida, Arizona, and Rhode Island have already been rejected due to his lack of standing. A victim filing a lawsuit has to show proof that they are being harmed by the alleged. Castro has argued that Trump’s campaign in South Carolina has caused him to lose votes which has harmed him.
The four federal judges from the four states disagreed with him and mentioned he wasn’t a serious candidate as fewer donations were made along with his New Hampshire statement that his goal was to disqualify Trump, thus rejecting the lawsuits filed by him.
Why Isn’t Trump Being Disqualified?
Trump’s attorneys have argued against his disqualification stating that the 14th Amendment does not include presidents as they are not specifically mentioned in the Amendment like the members of Congress. They also stated that there are no legal bases for Trump’s Jan 6 actions which define any role in the chaos that took place. Some of the legal scholars believe these arguments to have strong reasoning.
The Nevada decision came out as a win for the Trump Campaign as the judge wrote, “Castro improperly manufactured his standing merely to file this lawsuit.” Furthermore, his lawsuit only applies to Nevada’s primary whereas his campaign focused on the state’s GOP’s rival caucus.
After Nevada ruled out the lawsuits, a spokesperson of Trump, Steven Cheung called it a victory not only for the President but all the Americans and the people of Nevada.
