West Virginia Attorney General Patrick Morrisey on Thursday filed a motion to dismiss a lawsuit lodged in the United States District Court for the Southern District of West Virginia, which seeks to keep former President Donald J. Trump off the ballot for the West Virginia Presidential Primary and General Elections.
“We need to protect the integrity of our elections, and frivolous lawsuits like this undermine the right of the citizens to choose who they want to represent them in every level of government,” Attorney General Morrisey said, writing in the motion the lawsuit filed by longshot presidential candidate John Anthony Castro has “no basis in either law or fact.”
At least two courts have already dismissed similar lawsuits filed by Castro. This case is one of many, as activists across the country are suing to prevent Trump from being on 2024 ballots.
Castro cited Section 3 of the 14th Amendment of the United States Constitution as the basis of his case. Castro contends that Trump is ineligible to be a candidate for President of the United States on the grounds that he allegedly “engaged in or provided ‘aid or comfort’ to an insurrection.”
“He lacks standing to bring his constitutional claim, as he has not specifically established how he has been injured, how that injury would be traceable to the defendants here, and how a favorable decision would redress that injury,” according to the motion.
The motion further explains that Castro misapplies the 14th Amendment in trying to apply a Civil-War-era, anti-Confederate provision to Trump’s actions. And beyond that, courts are not equipped to address purely political questions like these.
“As I have mentioned, 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,” Attorney General Morrisey said. “We are not going to allow Donald Trump or any eligible candidate to be tossed off the ballot.”
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