As per reports, a federal judge recently dismissed an attempt to prevent former President Donald Trump from appearing on the 2024 presidential primary ballot in New Mexico, marking another unsuccessful effort under the 14th Amendment. U.S. District Judge Matthew Garcia, in a judgment on January 12, rejected the case filed by 2024 Republican presidential candidate John Anthony Castro. Castro sought to block Trump’s presence on the New Mexico ballot, arguing that the 45th president engaged in an “insurrection.”
Judge Garcia, in his opinion, highlighted that Castro had filed similar lawsuits in other states, all of which had been dismissed for lack of standing. The judge noted that Castro’s legal efforts, including the recent dismissal, had not yielded any success. Despite the setbacks, Castro has filed a notice of appeal with the U.S. Court of Appeals for the 10th Circuit.
This lawsuit in New Mexico is part of a series of legal challenges attempting to prevent Trump from being on the ballot, citing the 14th Amendment. Similar efforts in Michigan and Nevada, also initiated by Castro, have faced failure. Interestingly, Castro himself faced legal troubles last week when he was charged with 33 counts of aiding the preparation of false tax returns.
A spokesperson for the Trump campaign, Steven Cheung, hailed the dismissal in New Mexico as the latest victory against what he called “bogus 14th Amendment claims.” Cheung accused allies of President Joe Biden of attempting to interfere in the election and deprive voters of their constitutional right to choose their preferred candidate.
On a related note, the Oregon Supreme Court declined to hear a 14th Amendment-related case seeking to block Trump from the ballot in that state. Instead, the court decided to wait for a U.S. Supreme Court decision before taking any action. Meanwhile, the U.S. Supreme Court has accepted a petition for immediate review of a Colorado Supreme Court decision that aimed to block Trump from the ballot in that state. The decision is currently on hold pending appeal.
The legal battles revolve around interpretations of Section 3 of the 14th Amendment, which prohibits individuals who have participated in “rebellions” or “insurrections” from holding office unless exempted by a two-thirds vote of Congress. The lawsuits stem from Trump’s rally near the White House on January 6, 2021, where he encouraged supporters to march to the Capitol during the certification of the presidential election results. Despite Trump’s call for peace, the events led to a breach of the Capitol and a violent confrontation with law enforcement. Despite these legal challenges, President Trump maintains a significant lead in polling for the 2024 Republican nomination, with a 61.1 percent support according to the latest RealClearPolitics average.
