Michigan judge says Trump stays on primary ballot, rejecting challenge under insurrection clause
On Tuesday, a Michigan state judge ruled in favor of former President Donald Trump, allowing him to remain on the ballot for the Republican primary in the state. This comes as a setback to challengers' attempts to disqualify Trump under the little-known insurrection clause of the 14th amendment.
The plaintiffs, left-leaning groups, have filed similar lawsuits in various states, claiming that Trump's actions on January 6th disqualify him from holding office. The insurrection clause, adopted after the Civil War, prohibits anyone who has taken an oath to the United States and later engages in "insurrection" or "rebellion" from holding office.
However, Judge James Robert Redford of the Michigan court of claims argued that this clause does not prevent a candidate from appearing on a primary ballot. He stated that it is a matter for Congress to decide, not judges, and left the door open for a challenge if Trump becomes the nominee.
Ron Fein, the legal director for Free Speech for People, who represented the challengers, disagreed with the ruling and said they would appeal to the Michigan Supreme Court. Fein claimed that only Congress can determine if a candidate is ineligible for office, which the court refused to consider.
The Michigan Supreme Court, where Democrats hold a majority, will ultimately decide on the case. Many consider this a crucial decision as Michigan is a crucial battleground state in presidential elections.
"The Michigan supreme court should reverse this badly reasoned lower-court decision," Fein said in a statement. "The trial court's decision isn't binding on any other court, and we continue our current and planned legal actions in other states to enforce section 3 of the 14th amendment against Donald Trump."
Steven Cheung, a spokesman for the Trump campaign, praised the ruling, saying that the lawsuits against Trump are "unconstitutional left-wing fantasies." He accused the Biden campaign of orchestrating these lawsuits to deny the American people the right to choose their president.
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Secretary of State Jocelyn Benson, a Democrat and former election law professor, also expressed her satisfaction with the ruling on Twitter. She stated that under Michigan law, any candidate advocated for by the media must be listed on the primary ballot. She also added that any consideration of a candidate's eligibility should take place after they have been nominated or elected.
Last week, the Minnesota supreme court also dismissed a 14th-amendment challenge, saying the constitutional provision could not block Trump from appearing on a primary ballot. A trial court in Colorado also oversaw a five-day evidentiary hearing on a challenge there and is expected to issue a ruling soon.
Legal experts anticipate that the case will eventually reach the US Supreme Court, where Trump-appointed conservative justices hold the majority.