The Michigan Supreme Court declined an appeal by voters challenging Donald Trump’s presidential candidacy under the Constitution’s “insurrection clause.” Despite the voters seeking Trump’s disqualification based on the clause barring those engaged in insurrection or rebellion from office, the Michigan court’s decision allows Trump to remain on the ballot, differing from Colorado’s recent court ruling disqualifying him on the same grounds.
Reported by CBS, the state high court rejected a request from four voters to review the Court of Appeals’ decision permitting Trump’s inclusion on the Republican primary ballot. The Michigan Supreme Court, comprising seven justices, stated it was unconvinced that the issues raised warranted their review, without specifying a vote count or signing the order.
However, Justice Elizabeth Welch dissented, emphasizing that the central legal issue for the state supreme court was whether the lower courts erred in determining the Michigan secretary of state lacked the authority to omit Trump’s name from the primary ballot. Welch aligned with the Court of Appeals in asserting that Secretary of State Jocelyn Benson must include Trump on the primary ballot, regardless of potential disqualification under Section 3 of the 14th Amendment, commonly known as the “insurrection clause.”
Under Michigan law, Welch wrote, “The secretary of state is not legally required to confirm the eligibility of potential presidential primary candidates. She lacks the legal authority to remove a legally ineligible candidate from the ballot once their name has been put forward by a political party in compliance with the statutes governing primary elections.”
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