Michigan Supreme Court upholds Trump's eligibility for 2024 primary ballot despite insurrectionist ban case

The Michigan Supreme Court has denied a bid to remove ex-President Donald Trump from the 2024 ballot citing the US Constitution's "insurrectionist ban." This decision differs from the Colorado Supreme Court's recent ruling, which excluded Trump from its primary ballot due to his involvement in the January 6 Capitol riot.

These conflicting rulings make the upcoming appeals to the US Supreme Court even more crucial, particularly with the 2024 primaries looming. Unlike in Colorado, the Michigan lawsuit was dismissed at an early stage and never went to trial. The decision to throw out the case was upheld by an intermediate appeals court.

The judge in the Michigan Court of Claims, who initially handled the case, stated that state law does not allow election officials to regulate the eligibility of presidential primary candidates. He also argued that the case raised a political question that should not be resolved in the courts.

The Michigan Court of Appeals upheld his decision, stating that the only event imminent was the presidential primary election. Whether Trump is disqualified is irrelevant to his placement on the ballot. The order from the Michigan Supreme Court was unsigned, and the vote count was not released.

In contrast to Colorado, the Michigan courts dismissed the case entirely based on procedural reasons, without addressing the questions of whether January 6 constituted an insurrection and if Trump was involved in it. On Wednesday, a Michigan justice explained the difference between the two states.

Justice Elizabeth Welch stated that the anti-Trump challengers failed to find a similar provision in Michigan Election Law that requires presidential candidates to confirm their eligibility. She compared Michigan law to Colorado's election code and pointed out the vagueness of the 14th Amendment, which has only been used to disqualify individuals from office twice since 1919.

The Michigan lawsuit, filed in September by the advocacy organization Free Speech For People on behalf of a group of voters, also attempted an unsuccessful 14th Amendment challenge against Trump in Minnesota. Additionally, a new case has been filed in Oregon. The Colorado lawsuit was initiated by a separate liberal-leaning group. This story has been updated with additional details and background information.