Michael Gabriel Hernandez
27 December 2023•Update: 28 December 2023
WASHINGTON
Michigan's highest court declined to hear a case Wednesday that sought to keep former President Donald Trump off the state's 2024 presidential ballot.
Like another case in Colorado, the plaintiffs sought to have the former president removed from the ballot due to the Constitution's 14th Amendment, and Trump's role in the Jan. 6, 2021 Capitol riot. At issue is whether Trump's role constitutes participation in an insurrection.
The constitutional amendment was ratified in the wake of the US Civil War. Section 3, known as the "insurrection clause," bans individuals who "engaged in insurrection or rebellion" from holding public office unless two-thirds of the House of Representatives and the Senate approve.
But unlike Colorado, which ruled Trump ineligible under the Constitution, the top court in Michigan effectively sided with Trump in deciding not to hear an appeal of a lower court ruling that allowed him to remain on the 2024 state ballot.
"The application for leave to appeal the December 14, 2023 judgment of the Court of Appeals is considered, and it is denied, because we are not persuaded that the questions presented should be reviewed by this Court," the court said in a brief order.
Michigan's Republican primary will be held Feb. 27.
The plaintiffs can still move to challenge Trump's eligibility on the general election ballot, and have signaled they will do so should he emerge victorious in the party's nominating contest.
"A very disappointing but extremely narrow decision allowing Trump to be on the presd’l primary ballot even though he’s an ineligible insurrectionist; if he is the GOP nominee we will challenge his appearance on the general election ballot," Mark Brewer, one of the lawyers seeking to exclude Trump from the state ballot, wrote on X.
Other cases seeking to rule Trump ineligible are winding their way through state courts ahead of the Nov. 5, 2024 presidential election.
Thousands of Trump's supporters stormed the Capitol on Jan. 6, 2021, sending lawmakers fleeing for safety and delaying a constitutionally mandated vote ahead of US President Joe Biden's inauguration later that month.
