A federal judge on Thursday dismissed a lawsuit to remove Donald Trump from the ballot in West Virginia.
U.S. District Judge Irene Berger, an Obama-appointee, ruled that Texas resident John Anthony Castro could not demonstrate standing.
“Castro had described himself as a candidate for president and said Trump’s presence on the ballot would harm his chances,” WV MetroNews wrote.
The dismissal follows the Colorado Supreme Court’s unprecedented ruling to boot Trump off the state’s ballot.
🚨BREAKING: U.S. District Judge Irene C. Berger has dismissed a lawsuit aiming to keep Donald Trump off the West Virginia ballot. pic.twitter.com/uuAv7f2mMY
— Ian Jaeger (@IanJaeger29) December 22, 2023
“Judge Berger Said The Lawsuit Was Frivolous & Without Merit As It Was Filed By Texas Resident & Write-in Candidate John Anthony Castro. Castro Claimed Trump Incited An Insurrection Without A Charge Or Conviction Should Be Disqualified Based On 14th Amendment. In A Memorandum Opinion, Judge Berger Ordered The Case To Be Dismissed Without Prejudice!” John Basham said.
BREAKING: U.S. District Judge Irene C. Berger DISMISSED Lawsuit To Remove Donald Trump From West Virginia Ballot.
Judge Berger Said The Lawsuit Was Frivolous & Without Merit As It Was Filed By Texas Resident & Write-in Candidate John Anthony Castro.
Castro Claimed Trump Incited… pic.twitter.com/nK4BIHFnyj— John Basham (@JohnBasham) December 22, 2023
WV MetroNews reports:
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,” WV MetroNews added.
“In the West Virginia case attempting to kick President Trump off the ballot, we have prevailed. Strong victory for our Office and the rule of law! Colorado should learn from the wisdom of our courts!” West Virginia Attorney General Patrick Morrisey said.
In the West Virginia case attempting to kick President Trump off the ballot, we have prevailed. Strong victory for our Office and the rule of law!
Colorado should learn from the wisdom of our courts!
— Patrick Morrisey (@MorriseyWV) December 21, 2023
“Federal judges in Arizona and Rhode Island likewise found Castro lacked standing because he is not seriously running for office,” Daily Caller noted.
“This lawsuit was frivolous to begin with and without merit – it had no basis in either law or fact. Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest,” Morrisey said, according to Daily Caller.
More from Daily Caller:
The Colorado Supreme Court put its ruling against Trump on hold until Jan. 4. If Trump files an appeal before that date, the ruling will remain paused and the Secretary of State will be required to place his name on the ballot on the Jan. 5 certification deadline, as long as the justices do not intervene.
In Colorado, the lawsuit to remove Trump was brought by the left-wing donor backed group Citizens for Responsibility and Ethics in Washington (CREW).