The Michigan Supreme Court on Wednesday confirmed that Donald Trump can remain on Michigan’s state ballot, paving the way for the former President to take another tilt at the job he lost in 2020 in a key swing state.
This comes in stark contrast to a Colorado Supreme Court ruling last week that ordered he be removed from the state’s primary ballot because he had led an insurrection on January 6, 2021, when the Capitol building was stormed by rioters.
The Michigan ruling upholds a previous lower court order.
Insurrectionists barred from running: 14th Amendment
The legal debates in Michigan and Colorado grappled with Section 3 of the 14th Amendment to the US Constitution.
This clause prohibits individuals from holding government office if they have taken part in insurrection or rebellion against the Constitution, particularly after previously swearing an oath to uphold it.
The application of this provision to the office of the president, particularly in Trump's case, has led to divided opinions among legal experts – even those on the anti-Trump side, who fear it will foment more accusations of institutional political bias from his supporters.
At present, the Colorado decision to remove Trump from the ballot is on hold. More than a dozen states are reportedly engaging in similar legal battles, as per the Lawfare database, which focuses on national security issues.
The Michigan Supreme Court's decision was conveyed without explicit reasoning and summarised in a brief, unsigned paragraph.
Justice Elizabeth Welch, in a dissenting opinion, remarked that procedural nuances between Colorado and Michigan's election laws could be influential.
She also suggested that the challengers might have standing to resume legal actions regarding the Michigan general election later in 2024 if Trump becomes the Republican nominee or an independent candidate.
Key swing state
Michigan is a key swing state and is anticipated to be a battleground in the 2024 US presidential election. The Republican primary in that state is scheduled for February 27, 2024, so any appeal will have to take place soon.
As expected, Trump celebrated the court order on his social media platform, Truth Social, portraying it as a victory against the Democrats and reiterating his call to "Make America Great Again".
Free Speech for the People, the anti-Trump group behind the lawsuit, emphasised that the Michigan Supreme Court's ruling was based on procedural grounds.
A representative for the group expressed disappointment but noted that the decision holds no sway outside Michigan.
The group plans to continue legal actions in other states to enforce the 14th Amendment against the former President.