John Anthony Castro v. New Hampshire Secretary of State, David M. Scanlan, and Donald J. Trump

2024 DNH 002
CourtDistrict Court, D. New Hampshire
DecidedJanuary 19, 2024
Docket23-cv-531-SE
StatusPublished
Cited by1 cases

This text of 2024 DNH 002 (John Anthony Castro v. New Hampshire Secretary of State, David M. Scanlan, and Donald J. Trump) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Anthony Castro v. New Hampshire Secretary of State, David M. Scanlan, and Donald J. Trump, 2024 DNH 002 (D.N.H. 2024).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

John Anthony Castro

v. Civil No. 23-cv-531-SE Opinion No. 2024 DNH 002 New Hampshire Secretary of State, David M. Scanlan, and Donald J. Trump

ORDER

Plaintiff John Anthony Castro brings suit seeking an injunction barring the New

Hampshire Secretary of State from counting any votes cast for former President Donald J. Trump

in the 2024 New Hampshire Republican Presidential primary.1 Castro’s claim, both in this case

and in a nearly identical case he filed in this court in September 2023 (“Castro I”), is premised

on the theory that Trump is ineligible to hold the Office of President of the United States

pursuant Section 3 of the Fourteenth Amendment of the U.S. Constitution. Castro alleges that,

like Trump, he is a candidate in the New Hampshire Republican Presidential primary and that,

therefore, Trump’s inclusion on the Republican Presidential primary ballot injures him in the

form of “a diminution of votes and/or fundraising.” 2 Doc. no. 1, ¶ 32.

On October 27, 2023, the district court dismissed Castro I, determining after an

evidentiary hearing that Castro lacked standing to bring his claim and that, even if he had

1 As discussed further below, Castro initially sought additional injunctive relief in this case, including an order preventing the New Hampshire Secretary of State from placing Trump’s name on the New Hampshire Republican Presidential primary ballot. At the evidentiary hearing to determine Castro’s standing to bring his claim, Castro withdrew all of his requests for injunctive relief other than his request for an order preventing the Secretary of State from counting any votes cast for Trump in the Republican primary. 2 Castro indicated during oral argument his intention to abandon his claimed injury relating to fundraising. January 3, 2024 Hearing Transcript (doc. no. 27) (“Tr.”) at 150. Because his fundraising efforts are relevant to his status as a direct and current competitor of Trump in the New Hampshire Republican Presidential primary, the court will analyze those efforts. standing, his claim raised a nonjusticiable political question. Castro v. New Hampshire Sec'y of

State, No. 23-CV-416-JL, 2023 WL 7110390 (D.N.H. Oct. 27, 2023). The First Circuit Court of

Appeals affirmed, agreeing with the district court that Castro lacked standing to pursue his claim,

and declining to address whether the political question doctrine rendered Castro’s claim

nonjusticiable. Castro v. Scanlan, 86 F.4th 947 (1st Cir. 2023).

On December 1, 2023, ten days after the First Circuit issued its order, Castro filed the

instant suit. His complaint asserts the same claim, names the same defendants, and originally

sought comparable relief to that in Castro I. It included additional allegations regarding his

campaign activity in New Hampshire and elsewhere, which Castro alleges establish standing. On

December 11, Castro filed a motion for a temporary restraining order and a preliminary

injunction. Doc. no. 4.

In light of the First Circuit’s order affirming the dismissal of Castro I for lack of standing

and after a status conference with the parties, the court scheduled an evidentiary hearing to

address Castro’s standing in this case. McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004) (noting

that “a federal court has an obligation to inquire sua sponte into its own subject matter

jurisdiction”). The court held the hearing and heard argument on January 3, 2024. After

considering the parties’ filings, and the evidence and arguments presented at the January 3

hearing, the court finds that it lacks jurisdiction to consider Castro’s request for injunctive relief.

For similar reasons to those articulated by the district court and the First Circuit in Castro I,

Castro has not established that he has or will suffer a political competitive injury arising from

Trump’s participation in the New Hampshire Republican Presidential primary. Castro’s

requested relief will also not redress his claimed injury of votes lost to Trump. Therefore, Castro

lacks standing to bring his claim, and the court denies his motion for a preliminary injunction

and dismisses the case.

2 Standard of Review

“[N]o principle is more fundamental to the judiciary's proper role in our system of

government than the constitutional limitation [in Article III] of federal-court jurisdiction to actual

cases or controversies.” Dantzler, Inc. v. Empresas Berríos Inventory and Operations, Inc., 958

F.3d 38, 46 (1st Cir. 2020) (quoting DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 341 (2006)).

Federal courts “are obliged to assure ourselves of our jurisdiction under the federal Constitution

before we may proceed to the merits.” Perez-Kudzma v. United States, 940 F.3d 142, 144 (1st

Cir. 2019). “For there to be a case or controversy under Article III, the [petitioner] must have a

‘personal stake’ in the case — in other words, standing.” Town of Milton, Massachusetts v. Fed.

Aviation Admin., 87 F.4th 91, 95 (1st Cir. 2023) (quoting TransUnion LLC v. Ramirez, 594 U.S.

413, 423 (2021)).

“[T]o establish standing, a plaintiff must show (i) that he suffered an injury in fact that is

concrete, particularized, and actual or imminent; (ii) that the injury was likely caused by the

defendant; and (iii) that the injury would likely be redressed by judicial relief. TransUnion, 594

U.S. at 423 (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–561 (1992)). The plaintiff

bears the burden of establishing standing and “must demonstrate standing ‘with the manner and

degree of evidence required at the successive stages of the litigation.’” Id. at 430 (quoting Lujan,

504 U.S. at 561). Because the court held an evidentiary hearing to assess Castro’s standing, he

must carry his burden by a preponderance of the evidence.3 Castro, 2023 WL 7110390, at *3.

3 Although Castro suggested otherwise in a motion in limine, doc. no. 21, he agreed at the hearing that, given the procedural posture of this case, he bears the burden to establish standing by a preponderance of the evidence. Tr. at 8. 3 Background

In light of the First Circuit’s order affirming the district court’s dismissal of Castro I, the

facts Castro alleged in that case and the courts’ reasoning in determining that Castro lacked

standing to pursue his claim are particularly relevant here. Therefore, the court begins with a

brief discussion of the proceedings in Castro I before turning to the new evidence and how it

affects standing.

I. Castro I

When Castro filed his complaint in Castro I, he had not yet filed his declaration of

candidacy for the New Hampshire Republican Presidential primary or paid his filing fee.4 He

asserted that he intended to do both on October 11, 2023, and he had done so when the district

court held the evidentiary hearing on October 20. Trump had also declared his candidacy in the

New Hampshire Republican Presidential primary and paid the filing fee prior to the evidentiary

hearing.

Castro and the defendants stipulated in that case that, at the time of the evidentiary

hearing, Castro’s campaign had no serious prospect of winning any New Hampshire delegates to

the Republican National Convention.

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Related

Castro v. NH Secretary of State
D. New Hampshire, 2024

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