Trump's ballot winning streak could backfire and hurt him: legal experts

Trump's undefeated in fending off state cases trying to nix him from the 2024 presidential ballot.

But that winning streak in court could backfire.

For one, there's no guarantee he will be running by next November.

In fact, a Washington state district court judge dismissed a lawsuit trying to remove the president from the ballot.

The basis for dismissing the case brought by a Spokane Valley resident was on procedural grounds, according to ABC News, which stressed that nothing is certain about who will be the GOP nominee at this juncture.

"Plaintiff's Complaint concerns a hypothetical, as it is not certain that Mr. Trump will appear on the Washington presidential primary ballot," Chief Judge Stanley Bastian wrote in the dismissal.

"I can't imagine that judges are eager to do this. Even judges who may not like Trump -- judges in Michigan or Minnesota or Colorado -- realize that people have a right to vote for the candidate of their choice," conservative law professor Josh Blackman told the outlet.

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Experts who spoke with the outlet observe that judges may be weak-kneed to meddle with the election.

More than a dozen of states are entertaining cases attempting to deem the 45th president disqualified from holding federal office again because of allegations he fomented a mob to riot at the Capitol building and try to halt the certification of the election by Congress.

Denver District Court Judge Sarah Wallace made a lengthy ruling last month detailing how Trump “engaged in insurrection” within the framework of Section 3 clause of the 14th Amendment on that fateful day.

But she didn't buy the challenge relying on the fact that a president was not considered an "officer" because a president's oath to "preserve, protect, and defend the Constitution" isn't necessarily a "support" the Constitution as required by Section 3.

"It may simply be that the court didn't say the lawsuit is wrong -- it's that you brought the lawsuit at the wrong time, with the wrong official," said Mark Graber, a constitutional scholar and law professor at the University of Maryland. "The judge spent almost 100 pages documenting that Donald Trump engaged in an insurrection with the attempt to disturb, violently, the peaceful transition of presidential power."

Perhaps, he noted, "the judge is setting up the Colorado Supreme Court to disqualify Trump."