Michigan Supreme Court Rejects Bid to Remove Trump From '24 Ballot

Michigan Supreme Court Rejects Bid to Remove Trump From '24 Ballot


The Michigan Supreme Court has struck down an effort to remove former President Donald Trump from the state’s 2024 ballot under the 14th Amendment’s “insurrection” ban.

The ruling comes days after the Colorado Supreme Court ruled 4-3 to remove Trump under the same provision, even though he has not been charged with that crime, much less convicted of it.

With these conflicting rulings, the expected appeals to the U.S. Supreme Court become even more crucial, especially as the nation approaches the 2024 primaries. The Michigan lawsuit, unlike the one in Colorado, was dismissed before reaching trial. The dismissal was upheld by a court that reviewed appeals from lower courts.

The judge who initially presided over the case in Michigan’s Court of Claims argued that state law doesn’t provide a mechanism for election officials to verify the eligibility of candidates for the presidential primary. Furthermore, he asserted that the courts shouldn’t intervene in the matter, deeming it a political question.

The Michigan Supreme Court did not release a vote count, and the order was not signed.

In Michigan, unlike the Colorado courts, the case was dismissed entirely on procedural grounds, avoiding the question of whether or not Trump was involved in an ‘insurrection’ on Jan. 6, 2021.

In a Wednesday piece, one of the Michigan justices explained how their state differs from Colorado.

“The anti-Trump challengers 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,” Justice Elizabeth Welch wrote, drawing a comparison between Michigan law and Colorado’s election code.

Left-leaning CNN was not kind to Trump during his four-year term as president, but the network proved last week that it can be fair to him, as network legal expert and analyst Elie Honig took the former president’s side in criticizing the Colorado ruling.

“I think the Supreme Court is going to take this case, and I think the [U.S.] Supreme Court is going to reverse the Colorado Supreme Court,” Honig said during a segment on Wednesday.

“I halfway agree with [co-guest Robert Ray]; I halfway disagree with Bob,” Honig began. “I disagree with him on whether the term ‘an officer of the United States’ includes the president. There’s sort of linguistic exercises you can do either way, but I think it’s worth noting all seven justices didn’t have a problem with all officers of the United States, including the president.

“And also just logically, if you’re gonna have a provision in the Constitution that says anyone who engages in insurrection can’t serve for future office, it would be bizarre if the highest office was exempt from that,” Honig continued.

He added, however, “I do agree with Bob that we have a serious due process problem here because the 14th Amendment itself says that Congress — in Section 5 — Congress has to pass laws that tell us how this works, who gets to decide who engaged in insurrection. Is it a court? Is it Congress? Is it a jury? Is it a judge?”

“The only law that’s still on the books, as Bob said, that Congress has ever passed is the criminal law, criminalizing insurrection, which specifically says if a person is charged and convicted with this, he’s disqualified. That has not happened here,” he noted further.

Concluding, he said: “Instead, Colorado tried to sort of take this state-level proceeding that’s not really made for this type of insurrection determination and force a square peg into a round hole, and I think that violates Donald Trump’s due process rights, and I think the U.S. Supreme Court’s gonna reverse because of that.”


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