Supreme Court To Decide Whether To Take 14th Amendment Case Involving Trump

Supreme Court To Decide Whether To Take 14th Amendment Case Involving Trump


The U.S. Supreme Court may weigh in on the growing movement to have former President Donald Trump found ineligible to run for president or any other federal office on grounds he is disqualified under a provision of the 14th Amendment.

The bipartisan effort to keep Trump off the 2024 ballot began some months ago with claims that Trump’s actions on Jan. 6, 2021, amounted to “insurrection” and, as such, made him ineligible to run for and hold federal office under the Constitution. In a statement on Tuesday, the nation’s highest court said it would consider whether to take the case, John Castro v. Donald Trump, during the justices’ Sept. 26 conference, with a final decision on whether to take the case coming by Oct. 9.

“Castro, a Texas tax attorney, claims that Trump participated in an insurrection against the U.S. government by organizing his rally against certification of the 2020 election on Jan. 6, 2021. He is a declared candidate for the Republican nomination and has previously run for various offices. Castro ran for his first race in 2004 as a Democrat. He is currently running as a write-in candidate,” the site 1945 reported.

Castro’s initial lawsuit to stop Trump was tossed out by U.S. District Judge Aileen Cannon in June; she is the judge appointed by Trump to oversee his classified documents case filed by special counsel Jack Smith.

“The decision by the United States District Court for the Southern District of Florida dismissing Petitioner John Anthony Castro’s civil action on the grounds that he lacks constitutional standing to sue another candidate who is allegedly unqualified to hold public office in the United States pursuant to Section 3 of the 14th Amendment to the United States Constitution,” the candidate wrote in his Writ of Certiorari to the high court.

He is claiming that Trump’s being in the race improperly hampers his ability to fund his write-in candidacy.

According to his Supreme Court brief, Castro said his objective is to “display his executive leadership by single-handedly ending Trump’s political career.”

1945 notes further:

Castro claims that Trump waited 187 minutes to tell the rioters who stormed the Capitol to leave despite the fact that the former president repeatedly tweeted for calm within the first hour of the riot. His original suit claimed that Trump incited an “insurrection” by saying his followers should “Fight like hell,” which likely was a figurative reference considering that he talked about “peacefully” walking to the Capitol.

He also claims that Trump gave aid and comfort to insurrectionists when he told those who showed up for his rally and those at the Capitol that they were “very special.” Castro’s additional claim that Trump is a supporter of an insurrection is based on Trump’s promise that he would pardon prosecuted January 6 rioters.

Several legal experts have weighed in on whether they believe Trump is ineligible under the Constitution to run again, with mixed opinions.


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