Former President Donald Trump’s eligibility to compete for office in 2024 is currently under discussion by the Supreme Court.

On Wednesday, prior to the upcoming term’s beginning on October 2, the court designated John Castro v. Donald Trump to the justices for conference. A conference is scheduled for September 26 with an anticipated resolution date of no later than October 9th.

As an unlikely contender for the Republican nomination in the upcoming year, Castro filed a petition with the Supreme Court last month, requesting an answer on whether political candidates may contest the eligibility of a fellow nominee from their party “based on a political competitive injury in the form of a diminution of votes.”

The lawsuit seeks to argue that Donald Trump’s eligibility to compete for president should be challenged under Section 3 of the 14th Amendment. This clause of the amendment prohibits those who have participated in acts of insurrection or rebellion against the United States from holding public office. Although former President Trump has not been formally charged with insurrection, Castro is calling attention to Trump’s alleged involvement in the January 6 Capitol violence.

The former president, who has pleaded not guilty to all charges in four criminal indictments this year, has harshly criticized efforts to remove his name from the ballot on the basis of the constitutional provision. He observed that legal experts have largely viewed these endeavors as unlikely to succeed and cautioned that they may present difficulties.

“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election,” Trump wrote on Truth Social.

“Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. MAKE AMERICA GREAT AGAIN!”

According to former federal prosecutor Neama Rahmani, it is unlikely that the justices will support Castro, a Texan who holds law degrees but is not currently practicing law. According to Newsweek, this is because Donald Trump has not been formally accused or found culpable of insurrection and rebellion.

“A conviction is not required under the plain language of the Constitution, but it’s telling that even those prosecuting Trump don’t believe that there is enough evidence to convict him or insurrection or sedition,” Rahmani said.

There have been no other successful attempts to oppose Trump’s nomination using the 14th Amendment. The judge dismissed the Florida lawsuit filed by tax attorney Lawrence Caplan on the grounds that the plaintiffs’ “injuries alleged” were not “particular” to them and the lawsuit lacked standing.

“An individual citizen does not have standing to challenge whether another individual’s qualified to hold public office,” Judge Robin Rosenberg wrote.

Castro contends, however, that his argument has sufficient validity because, as a candidate for the Republican nomination, he suffers direct harm from Trump’s presence on the ballot.

“Castro and Trump are not only competing for the same political position within the same political party but are also appealing to the same voter base,” the Supreme Court petition reads. “In fact, throughout his campaigning efforts to date, Castro has spoken to thousands of voters who have expressed that they would vote for Castro only if Trump is not a presidential candidate as they maintain political loyalty to Trump.”

“Castro will further suffer irreparable competitive injuries if Trump, who is constitutionally ineligible to hold office, is able to attempt to secure votes in primary elections and raise funds. Trump’s constitutionally unauthorized undertaking will put Castro at both a voter and donor disadvantage,” it said.

Castro, whose social media bio read “2024 Republican Presidential Candidate Suing Trump to Disqualify Him for January 6,” supported Trump until the disturbance at the US Capitol on January 6, 2021, when he became a fierce opponent of the former president. Following Trump’s 2016 election, Castro contributed to Trump’s campaign.