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Nevada judge rejects Trump ballot eligibility challenge,


says GOP opponent 'improperly manufactured' standing
Nevada judge rejects John Anthony Castro lawsuit questioning Trump's eligibility over Jan. 6, 14th Amendment
By Danielle Wallace Fox News

Published January 10, 2024 7:28am EST

Supreme Court to hear Trump Colorado ballot appeal


Fox News anchor Shannon Bream has the latest on the election fight and the Trump campaign's legal battles on 'Special Report.'

A federal judge in Nevada rejected a case challenging the eligibility of former President
Trump to run in 2024, ruling GOP challenger John Anthony Castro, who brought the lawsuit
in the Silver State, "lacks standing."

U.S. District Court Judge Gloria M. Navarro, who was appointed by former President
Obama, issued the order Monday dismissing Castro’s lawsuit that had ultimately asked if

the U.S. Constitution’s Fourteenth Amendment bars Trump from holding office over his
alleged incitement of the Jan. 6 Capitol riot.

"This is a politically charged question of significant interest to the American public,"


Navarro noted. "For reasons discussed below, the Court finds that Castro lacks standing,
and the Court therefore lacks jurisdiction to hear this case."

"To have standing to sue in federal court, a plaintiff must have suffered a concrete,
particularized, and actual or imminent injury in fact that was caused by the defendant’s
challenged conduct and is redressable by a favorable decision," Navarro explained. "This
limitation on the judicial power prevents a plaintiff from invoking Article III jurisdiction of
federal court by asserting what is merely a ‘general interest common to all members of the
public.’"

SUPREME COURT TO DECIDE IF TRUMP BANNED FROM COLORADO BALLOT IN


HISTORIC CASE

Former President Trump departs after speaking at a "Commit to Caucus" rally in Clinton, Iowa, on Jan. 6, 2024. (Tannen
Maury/AFP via Getty Images)

The ruling noted that five courts have already rejected Castro’s political competitor
standing argument.

"In rejecting his political competitor standing argument, courts have fund that Castro
improperly manufactured his standing merely to file this lawsuit," Navarro writes. "The
evidence indicates that Castro is creating his own injury in order to manufacture standing
to challenge Trump’s eligibility to run for president."

The judge observed that by his own admission, Castro "declared as a candidate and paid
the filing fee to show the impermissibility of Trump’s presidency." The ruling cited how
Castro was quoted in an Associated Press article as having said, "I’m not going to lie and
pretend my candidacy is anything more than trying to enforce the United States
Constitution, and that’s what I’m here to do."

Ina footnote, Navarro highlighted that Trump and Castro are not even competing on the
same ballot in Nevada.

"As Castro indicates in his FAC, the Nevada Republican Party is holding a caucus separate
from the state-run Presidential Preference Primary. Castro intends on running in the
Nevada Republican PP," the footnote says. "Trump is not participating in the PP and is
instead appearing on the caucus ballot."

TRUMP CAMPAIGN SAYS 14TH AMENDMENT ADVOCATES USING 'LAWFARE' TO


'DEPRIVE' VOTERS OF CHOICE IN 2024

Former President Trump with attorney John Lauro, left, and D. John Sauer, center right, speaks to reporters at the Waldorf
Astoria hotel after attending a hearing of the D.C. Circuit Court of Appeals on Tuesday, Jan. 9, 2024, in Washington, D.C.
(Jabin Botsford/The Washington Post via Getty Images)

Dozens of lawsuits are now challenging Trump's eligibility, citing the Fourteenth
Amendment, after the Colorado Supreme Court removed him from the ballot in their state.

Maine's Democratic secretary of state also banned Trump from the ballot, citing the
insurrection clause.

The U.S. Supreme Court agreed to take up Trump's challenge to the Colorado ruling and is
set to begin hearing arguments in February.

Trump campaign spokesman Steven Cheung championed the Nevada lawsuit’s dismissal
in a statement to news outlets.

Former President Trump departs the Waldorf Astoria where he held a press conference following his appearance in court
on Jan. 9, 2024, in Washington, D.C. (Kent Nishimura/Getty Images)

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Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips
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