Nevada judge rejects Trump ballot eligibility challenge, says GOP opponent 'improperly manufactured' standing

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 Saturday. (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 found 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." 

In a 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 in Washington, D.C., on Tuesday. (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 in Washington, D.C., on Tuesday. (Kent Nishimura/Getty Images)

"Today’s dismissal of another bogus, bad-faith, Crooked Joe Biden-engineered attempt to deprive Americans as a whole, and the voters of Nevada specifically, of their right to vote for the candidate of their choice is not only a victory for President Trump, but a victory for all Americans and the people of Nevada," Cheung said, according to KLAS. "President Trump remains undefeated in federal court against these cynical efforts to interfere in the 2024 election. Courts in eleven states have now dismissed similar, pathetic, 14th Amendment ballot cases." 

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"Make no mistake, each and every one of these ‘ballot-challenges’ are blatant attempts to steal the election for Crooked Joe Biden and disenfranchise over 100 million American voters," he continued. "President Trump is the leading candidate for not only the Republican primary, but the general election and his opponents are desperate. Rest assured that he will fight each and every one of these disgraceful attacks on American democracy, he will win, and we will all Make America Great Again."