Court Declines To Stop Trump From Appearing on Michigan Ballot

Court Declines To Stop Trump From Appearing on Michigan Ballot

( – Section 3 of the Fourteenth Amendment to the US Constitution details the factors that disqualify a person from taking office in the United States government or military. It states that anyone who engaged in an insurrection or rebellion against America or gave aid or comfort to US enemies cannot hold office — including the presidential position. Members of several states have been trying to use this amendment against former President Donald Trump.

On December 14, NBC News reported the Michigan Court of Appeals ruled it would not stop the former US leader from appearing on the state’s GOP primary ballot. The decision echoed two other lower courts in Michigan, stating it was up to the Republican and Democratic parties and the candidates to determine who makes it on the ballot.

In November, Michigan Court of Claims Judge James Redford said it was up to Congress to decide if the insurrection clause applies to Trump, resulting in his removal from the presidential ballot. He said a sole judicial officer should not make that determination. Attorney Mark Brewer, who was arguing for the plaintiff, said Trump was clearly ineligible based on his alleged actions leading up to and including January 6, 2021.

The Michigan decision matched that of the Minnesota Supreme Court, which also ruled Trump’s name could appear on the ballot. In that case, the court said there was “no state statute” stopping a political party from placing whoever they choose on the primary ballot. However, the justices left the disqualification matter open for reconsideration later, according to legal director of Free Speech For People, Ron Fein, NBC News reported.

According to Axios, several cases related to the matter are still in the court system in 17 states. Six other cases were voluntarily withdrawn, and a handful of others were dismissed. Despite the controversy, recent polling averages reported by FiveThirtyEight have Trump over 50 points ahead for the primary.

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