On Wednesday, the Michigan Supreme Court opted not to remove former President Donald Trump from the state’s 2024 ballot.
The court, in a brief order, stated that it was “not persuaded that the questions presented should be reviewed by this Court” and dismissed the case on procedural grounds.
This decision followed the Colorado Supreme Court’s recent ruling that Trump was ineligible to appear on the state’s ballot under Section 3 of the 14th Amendment, which disqualifies officials who, having sworn an oath to the Constitution, subsequently “engaged in insurrection.”
Colorado temporarily stayed the enforcement of its decision until January 4, granting Trump an opportunity to appeal to the Supreme Court. The organization Free Speech For People (FSFP), backed by left-wing donors, initiated the Michigan lawsuit seeking Trump’s removal in September, having previously filed a similar case in Minnesota.
The lawsuit asserted that the events of January 6, 2021, constituted an insurrection or rebellion under Section 3—a violent and coordinated attempt to storm the Capitol with the intent of obstructing the constitutional duties of the Vice President and the United States Congress in certifying President Biden’s victory. The aim, according to the lawsuit, was to illegally prolong then-President Trump’s tenure in office.
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Judge Elizabeth Welch offered a brief dissent on Wednesday, expressing the belief that, given the significance of the legal questions and the rapid pace of proceedings, the court should issue a decision on the merits.