Michigan Supreme Court Rejects Challenge to Trump's Candidacy Under Insurrection Clause
ICARO Media Group
In a recent development, the Michigan Supreme Court has denied an appeal from a group of voters who challenged former President Donald Trump's candidacy for the presidency under the Constitution's "insurrection clause." The court's decision means that Trump's name will remain on Michigan's presidential primary ballot, scheduled for February 27.
The appeal was filed by four voters on behalf of Free Speech for People, an advocacy group questioning Trump's eligibility for the White House in multiple states. They argued that Trump should be disqualified from public office under Section 3 of the 14th Amendment, which prohibits individuals who have engaged in insurrection against the Constitution from holding federal or state office.
However, the Michigan Court of Appeals had already ruled in favor of Trump, allowing him to be listed on the Republican primary ballot. The Supreme Court order stated that they were not persuaded to review the case, without providing further details regarding the vote count or the justices' individual positions.
Justice Elizabeth Welch dissented, noting that the only legal issue properly before the court was whether the lower courts erred in finding that Michigan Secretary of State Jocelyn Benson lacked the authority to remove Trump's name from the primary ballot. Welch agreed with the Court of Appeals, asserting that Benson must include Trump on the ballot regardless of his potential disqualification under the insurrection clause.
Welch explained that under Michigan law, the secretary of state is not obligated to verify the eligibility of potential presidential primary candidates. Once their names have been put forward by a political party in compliance with primary election statutes, the secretary of state lacks the legal authority to remove a candidate, even if they are deemed legally ineligible.
Trump reacted to the news on social media, applauding the Michigan Supreme Court for denying the "Desperate Democrat attempt" to remove him from the ballot. Meanwhile, his campaign plans to appeal a similar ruling by the Colorado Supreme Court. Last week, the Colorado court found that Trump is disqualified from holding office under the insurrection clause and ordered his name to be excluded from the state's presidential primary ballot, scheduled for March 5.
The cases challenging Trump's eligibility in various states are part of a larger movement stemming from his actions surrounding the January 6, 2021, attack on the U.S. Capitol. While many of these cases have been dismissed, the Colorado Supreme Court's ruling marked the first time a presidential candidate has been declared ineligible for the White House under Section 3.
Trump's appeal of the Colorado court's decision sets the stage for a politically significant showdown before the U.S. Supreme Court, posing potential ramifications for the 2024 presidential election.