By
Burroughs
|
December 28, 2023

Michigan Rejects Effort to Remove Trump from 2024 Ballot

The Michigan Supreme Court, on Wednesday, dismissed an appeal by a group of voters challenging former President Donald Trump's candidacy for the presidency under the Constitution's "insurrection clause."

In a concise ruling, the state's high court declined the request of four voters seeking a review of a Michigan Court of Appeals decision that permitted Trump to remain on the Republican presidential primary ballot.

The seven-member Michigan Supreme Court stated that it was "not persuaded that the questions presented should be reviewed by this court." The order lacked signatures, and a vote count was not specified.

Trump's name will now be included on the Michigan presidential primary ballot scheduled for February 27.

Justice Elizabeth Welch dissented, contending that the only legal issue properly before the state supreme court was whether the lower courts erred in determining that the Michigan secretary of state lacked the authority to exclude Trump from the presidential primary ballot.

Welch concurred with the Court of Appeals that Secretary of State Jocelyn Benson must list Trump on the primary ballot, regardless of any disqualification under Section 3 of the 14th Amendment, known as the "insurrection clause."

Justice Welch emphasized that, under Michigan law, the secretary of state is not obligated to confirm the eligibility of potential presidential primary candidates and lacks the legal authority to remove an ineligible candidate from the ballot once nominated by a political party in compliance with primary election statutes.

Trump, in response to the decision, commended the Michigan Supreme Court in a social media post, characterizing it as a just denial of the "Desperate Democrat attempt" to remove him from the ballot.

This decision followed a similar case in Colorado, where the Supreme Court ruled that Trump is disqualified under the "insurrection clause."

The Michigan case, brought by four voters on behalf of Free Speech for People, argued that Trump's conduct during the January 6, 2021, attack on the U.S. Capitol rendered him ineligible for public office under Section 3 of the 14th Amendment.

The panel found it inappropriate to decide Trump's eligibility for the presidency at the present time, as it is irrelevant to his placement on the upcoming primary ballot.

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