NH fed judge dismisses suit to knock Trump off ballot
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Oct. 30—CONCORD — A federal judge dismissed a bid by a Texas tax consultant and rival Republican presidential candidate to knock former President Donald Trump's name off the first-in-the-nation presidential primary ballot here.
John Anthony Castro of Mansfield, Texas, who signed up to run for president on the first day of filing in New Hampshire three weeks ago, has sued Trump in 27 different states over the same constitutional question.
These lawsuits seek to disqualify Trump from running for president because, Castro claims, Trump's encouragement of the Capitol Hill disturbances on Jan. 6, 2021 amounted to an "insurrection" that violates Section 3 of the 14th Amendment of the U.S. Constitution.
In a 20-page ruling, U.S. District Court Judge Joseph LaPlante said Castro lacked standing to bring the claim because his candidacy was not a real challenge, but one brought solely with the goal of giving Castro the legal access to sue Trump.
Castro fails the "operative competitive standing theory" that would make him eligible to bring the suit, the judge decided.
During an Oct. 20 hearing, GOP consultant Mike Dennehy of Concord testified at length that there was "no activity" in Castro's campaign.
When Castro filed in New Hampshire, he told reporters he would not be waging any grass roots efforts to win votes here and had only signed up to advance his lawsuits.
Judge: Issue is 'political'
Even if Castro had standing, LaPlante said the lawsuit would not go forward because it deals with a "nonjusticiable political question" — a controversy the the judicial branch typically defers to other branches of government.
"The vast weight of authority has held that the Constitution commits Congress and the electors the responsibility of determining matters of presidential candidates' qualifications," LaPlante wrote.
"Castro provides no reason to deviate from this consistent authority."
Two liberal groups, Citizens for Responsibility and Ethics in Colorado and Free Speech for People in Minnesota, have spent considerable resources to get their legal challenges against Trump further along than Castro has with his.
The Minnesota Supreme Court will hear arguments later this week on the suit in that state that tries to force election officials to take Trump's name off the ballot.
