Once again, a case brought by a leftist organization to try to have Trump removed from the ballot via Section III of the 14th Amendment has been rejected.
This time, it was in the state of Michigan, where the state Supreme Court has ruled Trump can remain on the primary ballot.
Reading the decision, however, this could be a short-lived victory for Trump.
Good News, Bad News
Throughout all of these cases, there has been a heavy focus on the wording of Section III.
There has been debate if it even pertains to this particular situation as well as if it can be used during a primary, which seemed to be the focus of the justices in this case.
The Colorado Supreme Court had ruled that Trump was guilty of instigating the insurrection because even though he had stated, “everyone here will soon be marching to the Capitol building to peacefully and patriotically make your voices heard,” that did not override him telling his supporters to “fight like hell” just prior to the rally ending and the march toward the Capitol.
In the ruling by the Michigan Supreme Court, Justice Elizabeth Welch wrote that the challenges to Trump running “have identified no analogous provision in the Michigan Election Law that requires someone seeking the office of President of the United States to attest to their legal qualification to hold the office.”
What the court did do, however, was leave the door open to refile the case if Trump does win the nomination, with Section III specifically stating, “elector of President and Vice-President.”
I have had little doubt that the Supreme Court will overturn the decision issued by the Colorado Supreme Court, but the point brought up by the Michigan Supreme Court is concerning, to say the least.
It is also something that I would expect the Supreme Court to clarify in its ruling, to settle this issue once and for all.
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