Another attempt to get Trump fails.

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Lawsuit to boot Trump off West Virginia ballots is dismissed because plaintiff lacks standing
By Brad McElhinny | December 22, 2023

(metronews.com) – A federal judge has thrown out a lawsuit that aimed to keep former President Donald Trump off ballots in West Virginia.

The court action never reached the point of examining a claim that Trump is ineligible under Section 3 of the 14th Amendment, which disqualifies federal officeholders who “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Instead, the case filed by Texas resident John Anthony Castro was dismissed because the judge found that he couldn’t demonstrate standing. Castro had described himself as a candidate for president and said Trump’s presence on the ballot would harm his chances.

U.S. District Judge Irene Berger found that the evidence submitted removes “any doubt that Mr. Castro’s purported ‘campaign’ exists as a vehicle for pursuing litigation, not votes.”

Berger wrote in a Thursday order dismissing the case that Castro could not prove any political activity aside from the lawsuit.

“The Plaintiff alleged that he is a candidate for the Republican nomination for President and anticipates being on the ballot in West Virginia. His complaint contains few specific factual allegations related to his candidacy,” Berger wrote.

Berger continued, “the court finds that Mr. Castro’s complaint relies on supposition and speculation that if Mr. Trump were removed from the ballot, that his voters and contributors would default to other candidates including Mr. Castro. But he supplies no specifics to support the conclusion that Trump voters would become Castro voters if his suit was successful.”

Castro had filed suit in 27 states including New Hampshire, Florida, Utah, Wisconsin, Michigan and Pennsylvania…

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