Alexandria, VA – A federal judge has dismissed a civil action lawsuit filed in Virginia seeking to remove former President Donald Trump from the state’s presidential primary ballots in 2024. The lawsuit, filed on December 18, 2023, argued that Trump was ineligible to run for federal office based on his alleged engagement in insurrection against the United States after the 2020 presidential election.
U.S. District Judge Leonie Brinkema issued an opinion on December 29, 2023, dismissing the case on the grounds of lacking subject-matter jurisdiction. The judge stated that the plaintiffs failed to demonstrate how their alleged injuries were connected to the actions of the defendants.
In comparing this case to successful attempts in other states, such as Colorado and Maine, Judge Brinkema explained that those rulings were based on each state’s election laws, specifically Article III of the 14th Amendment, and not on federal court jurisdiction. Federal courts have consistently held that individual citizens do not have the standing to challenge the qualifications of another citizen to hold public office.
The judge also noted that the plaintiffs, Roy Perry-Bey and Carlos Howard, failed to follow proper legal procedure in several of their motions. As a result, the judge granted the defendants’ motions to dismiss and dismissed the Second Amended Complaint.
In Colorado, the Supreme Court voted 4-3 to bar Trump from the state’s Republican primary in March, while Maine’s secretary of state issued a similar ruling a week later. Critics of these rulings have expressed concerns that they could set a precedent for partisan election officials to disqualify candidates they oppose. Trump has since appealed the ruling in Maine.
In summary, a federal judge in Virginia has dismissed a lawsuit seeking to remove Donald Trump from the state’s presidential primary ballots. The judge cited a lack of subject-matter jurisdiction and the plaintiffs’ failure to follow proper legal procedure as reasons for the dismissal.