The Supreme Court is now debating whether or not former President Donald Trump should be permitted to run for office in 2024.
Before the upcoming term, which starts on October 2, the court assigned John Castro v. Donald Trump to the justices for conference on Wednesday. The matter is anticipated to be resolved on or before October 9th, with a conference scheduled for September 26.
As an unlikely contender for the Republican nomination in the upcoming year, Castro filed a petition with the Supreme Court last month, requesting an answer on whether political candidates may contest the eligibility of a fellow nominee from their party “based on a political competitive injury in the form of a diminution of votes.”
The lawsuit aims to present the argument that Donald Trump’s eligibility to run for the presidency should be challenged in accordance with section three of the 14th Amendment. This particular clause of the amendment disqualifies persons from holding public office if they have participated in acts of insurrection or rebellion against the United States. Although former President Trump has not faced any formal charges related to insurrection, Castro is drawing attention to Trump’s alleged involvement in the Capitol violence that occurred on January 6th.
The former president, who has entered a plea of not guilty for all charges in four criminal indictments this year, strongly criticized the attempts to exclude his name from the ballot based on the constitutional clause. He noted that legal experts have widely regarded these efforts as unlikely to succeed and cautioned that they could present challenges.
“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election,” Trump wrote on Truth Social.
“Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. MAKE AMERICA GREAT AGAIN!”
According to Neama Rahmani, a former federal prosecutor, it is improbable for the justices to support Castro, a Texan individual who possesses law degrees but is presently not actively practicing law. This is due to the fact that Donald Trump has not been formally accused or found guilty of insurrection and rebellion, as reported by Newsweek.
“A conviction is not required under the plain language of the Constitution, but it’s telling that even those prosecuting Trump don’t believe that there is enough evidence to convict him or insurrection or sedition,” Rahmani said.
There have been no other successful attempts to use the 14th Amendment to oppose Trump’s nomination. The judge dismissed the Florida lawsuit filed by tax attorney Lawrence Caplan on the grounds that the plaintiffs’ “injuries alleged” were not “particular” to them and that the lawsuit lacked standing.
“An individual citizen does not have standing to challenge whether another individual’s qualified to hold public office,” Judge Robin Rosenberg wrote.
But Castro contends that his argument would have sufficient merit since, as a candidate for the Republican nomination, he is directly damaged by Trump’s inclusion on the ballot.
“Castro and Trump are not only competing for the same political position within the same political party but are also appealing to the same voter base,” the Supreme Court petition reads. “In fact, throughout his campaigning efforts to date, Castro has spoken to thousands of voters who have expressed that they would vote for Castro only if Trump is not a presidential candidate as they maintain political loyalty to Trump.”
“Castro will further suffer irreparable competitive injuries if Trump, who is constitutionally ineligible to hold office, is able to attempt to secure votes in primary elections and raise funds. Trump’s constitutionally unauthorized undertaking will put Castro at both a voter and donor disadvantage,” it said.
With a social media bio that said, “2024 Republican Presidential Candidate Suing Trump to Disqualify Him for January 6,” Castro had previously supported Trump until turning into a ferocious opponent of the former president following the riot at the US Capitol on January 6, 2021. Castro had given money to Trump’s campaign following his election in 2016.